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THE STATE CAPITOL AT LANSING. 



































MICHIGAN 


STATE AND LOCAL 
GOVERNMENT 


BY 


W. J. McKONE 


Superintendent of Schools , Albion , Michigan 
and 

Member State Board of Education 


SIXTH EDITION 


LANSING, MICHIGAN 

THE HAMMOND PUBLISHING COMPANY, Limited 
1910 


* 



Copyright 1904 
The Hammond Publishing Co. 

limited 1 


* < « 


CCI.A265173 






PREFACE. 


A new book on the government of Michigan is added to 
the Comparatively long list already in use not with the idea 
of making startling innovations in method or matter but 
rather to offer the latest information and to make a more 
complete treatment than has usually been accorded to the 
subject especially in local affairs. This is in response to a 
demand of the author’s own work in teaching for a number 
of years and also to that of many other teachers met in 
associations and institutes who did not find original sources 
of information available or when found, not always 
readily interpreted. No attempt has been made to present 
theories of citizenship or government both of which have 
been so admirably done by many others, but on the contrary 
to show clearly how all the functions of the state and its 
divisions are administered. 

Method.—It is a matter for discussion whether to begin 
with the large or small areas but the order of the text is 
believed to be practically better even though some should not 
agree in theory. There is no reason particularly why the 
order of chapters should not be varied and it would proba¬ 
bly be well under some circumstances to do so. 

Material.—It is presumed that much material will be col¬ 
lected and utilized. Suggestions are given throughout the 
book but these are neither inclusive nor exclusive and any 
book, report, document, blank or item that will add interest 
or profit should be secured. The cost will be slight but 
some little persistence and zeal will need to be shown. Offi¬ 
cials and citizens generally will be pleased to give such in¬ 
formation as they may have. Women teachers should espe- 


4 


PREFACE. 


cially heed these suggestions as they cannot have the prac¬ 
tical experience that men have in affairs of government. 
Classify, arrange, and preserve the material secured from 
time to time to use in successive classes. Keep your col¬ 
lection fresh by securing the latest reports and other matter. 

Request.—Every precaution has been taken to prevent 
mis-statement of facts and to exclude unessential matter. 
However, it is presumed that when submitted to schoolroom 
use and critical examination, many errors will be noted. 
The author and publishers will be grateful to learn of these 
from any source that the text may be corrected in subse¬ 
quent editions. 

Acknowledgment.—The author desires to make grateful 
acknowledgment to a very long list of friends including 
teachers and other citizens, officials, city, township, county 
and state for assistance in securing information, for sugges¬ 
tions and for reading the manuscript and proof. 


CONTENTS. 


CHAPTER I. 


The School District .page n 

Organization—Meetings—Qualified Voters—Work of An¬ 
nual Meeting—District Board and Officers—(a) Moderator, 
(b) Director, (c) Treasurer—Graded Districts—Township 
Districts—School Census. 

CHAPTER II. 

The Township .page 17 

The Congressional Township—The Survey—How Town¬ 
ships are Numbered—How Sections are Numbered—Divi¬ 
sions of Sections—Correction Lines. 

The Civil Township—Organization—Powers, Duties and 
Liabilities—Township Meetings. 

CHAPTER III. 

Township Officers ., ..page 25 

Name and Term—Oath of Office—Resignations and Re¬ 
movals — Supervisor—Clerk—Treasurer —- Commissioner of 
Highways—Justices of the Peace—Constables—Overseers 
of Highways—Poundmasters—Compensation. 


CHAPTER IV. 

Elections .page 31 

Registration—Voting Places—Election Officials—Opening 
and Closing—Ballot Boxes—Official Ballots—Instructions— 
Election Commissioners—Qualified Voters—How to Vote 
Challenging—Counting the Votes—Voting Machines. 

CHAPTER V. 

Road Making . page 39 

General — Assessment — Poll Tax — Overseer’s Duties— 
Commutation—Noxious Weeds—Fence Viewers —County 
System of Roads. 







e» 


CONTENTS. 


CHAPTER VI. 

Township Boards ...P a S e 47 . 

The Township Board—Board of Review—Board of Health 
—Board of Registration—Board of Inspectors of Election— 
Compensation. 


CHAPTER VII. 

Taxation .page 4 7 

Assessment Roll—School Tax—Township Tax—Dog- Tax 
—Highway Tax—County Tax—State Tax—Assessment of 
Taxes—Property Exempt from Taxation—Equalization by 
Counties—State Board of Equalization—Collection of Taxes 
—Delinquent Taxes—Sale, Redemption and Conveyance of 
Delinquent Tax Lands. 


CHAPTER VIII. 

Villages ...Page 57 

Incorporation—Officers—Elections—Duties of Officers— 
(a) President, (b) Clerk, (c) Treasurer, (d) Assessor, 
(e) Marshal, (f) Street Commissioner—Village Council— 
Miscellaneous. 


CHAPTER IX. 

Cities . Page 62 

Incorporation—Wards—Officers—Elections—Duties of Of¬ 
ficers— (a) Mayor, (b) Clerk, (c) Treasurer, (d) Marshal, 
(e) Attorney, (f) Surveyor—City Council—Departments— 
(a) Police, (b) Waterworks, (c) Lighting, (d) Fire De¬ 
partment, (e) Board of Public Works. 

CHAPTER X. 

Counties. ..page 70 j 

Organization—County Seat and Buildings—County Of¬ 
ficers— (a) Sheriff, (b) Clerk, (c) Treasurer, (d) Register 
of Deeds, (e) Prosecuting Attorney, (f) Surveyor, (g) 
Coroners, (h) Circuit Court Commissioners, (i) Notaries 
Public, (j) Judge of Probate, (k) Drain Commissioners, 
(1) Superintendents of the Poor, (m) School Examiners, 
(n) School Commissioner. 







CONTENTS. 


CHAPTER XI. 


Board of Supervisors .page 81 

Meetings—Organization—Number—Powers of Boards— 
Compensation—Board of Auditors. 


CHAPTER XII. 

Circuit Court .page 85 

Districts—Terms of Court—Officers—Jurisdiction—Re-, 
turn and Summoning of Jurors—The Calendar. 


CHAPTER XIII. 

Miscellaneous County Affairs .page 90 

Marriage Licenses—Hunting Licenses—Abstracts—Jails— 
Liquor Licenses and Bonds—Local Option Liquor Law— 
Care of the Poor—Soldiers’ Relief Commission—Board of 
County Canvassers. 


CHAPTER XIV. 


The State .page 98 

Territorial Government—The First Constitution—The 
Present Constitution—Seat of Government—Boundaries. 


CHAPTER XV. 


Legislative Department 


page 102 


CHAPTER XVI. 
Executive Department . 


page 124 


CHAPTER XVII. 


Judicial Department 


page 131 









8 


CONTENTS. 


CHAPTER XVIII. 

Court Proceedings. .page 142 

Supreme Court—Circuit Court—(a) Opening of Court, 
(b) Conduct of Trials,—Justice Court, (a) Jurisdiction, (b) 
Striking a Jury, (c) Conduct of the Case—Circuit Court 
Commissioners—Courts of Chancery—Court of Mediation 
and Arbitration—(a) Nature, (b) The Court, (c) Pro¬ 
cedure—Grand Jury. 

CHAPTER XIX. 

Municipal Courts, .page 153 

Authority—Recorder’s Court (Detroit)—Superior Court 
(Grand Rapids)—Police Courts—Juvenile Courts. 

CHAPTER XX. 

Probate Courts .page 157 

Nature of Court—Jurisdiction—The Court—Wills—Adop¬ 
tion of Children—Care of Insane—Dependent Children— 
Guardians and Wards—Persons Missing. 

CHAPTER XXL 

General Judicial Matters .page 162 

Attorneys—Law Examiners—Contempt of Court—Court 
House—Restrictions on Judges. 

CHAPTER XXII. 

Educational Affairs .page 165 

Superintendent of Public Instruction—State Board of 

Education—Board of Regents—Teachers—County Normal 
Training Classes—Educational Funds—(a) University, (b) 
State Normal College, (c) State Agricultural College, (d) 
Primary Schools. 

CHAPTER XXIII. 

Libraries .page 176 

School District Library—Township Library—Free Public 
Libraries—State Library. 









CONTENTS. 


9 


CHAPTER XXIV. 


Military Affairs .page 180 

Constitutional — Classification — Militia — Exemptions — 
Michigan National Guard—Organization—Camps for In¬ 
structions—Military Department—Michigan Naval Brigade. 


CHAPTER XXV. 

State Departments—Elective Officers .page 184 

Secretary of State (a) Corporation Division, (b) Execu¬ 
tive Division, (c) Compiling Division, (d) Building and 
Loan Division, (e) Vital Statistics Division, (f) Agricul¬ 
tural Division, (g) Shipping Division—State Treasurer— 
Auditor General—Commissioner of the State Land Office— 
Attorney General—Superintendent of Public Instruction— 
Salaries. 


CHAPTER XXVI. 

State Departments—Appointive Officers .page 189 

Commissioner of Insurance—Commissioner of Railroads— 
Commissioner of Labor—Commissioner of Banking—Dairy 
and Food Commissioner—State Librarian—Game and Fish 
Warden—State Inspector of Illuminating Oils—Commis¬ 
sioner of Mineral Statistics—State Salt Inspector—State 
Highway Commissioner—Salaries. 

CHAPTER XXVII. 

State Boards — Ex-Officio .P a § e J 93 

State Auditors — Equalization — Canvassers — Railroad 
Crossings—State Geological Survey—Fund Commissioners— 
Internal Improvements—Control of St. Mary’s Falls 
Ship Canal and of the Portage Lake and Lake Superior 
Ship Canal—Control of State Swamp Lands—Bureau of 
Statistics of Labor—Free Employment Bureau—Railroad 
Consolidation—Review of the Assessment of Telegraph and 
Telephone Lines. 






10 


CONTENTS. 


CHAPTER XXVIII. 

State Boards — Appointive. ..page T 97 

Corrections and Charities—State Board of Health—Ad¬ 
visory Board in the Matter of Pardons—State Tax Com¬ 
missioners—Library Commissioners—Board of Pharmacy— 
Fish Commissioners—Law Examiners—Examiners in Den¬ 
tistry—Board of Registration in Medicine—Live Stock Sani¬ 
tary Commission — Forestry Commissioners — Veterinary 
. Board—Board to Regulate the Practice of Horse Shoeing— 
Mackinac Island State Park Commission—Insurance Policy 
Commission—Examination and Licensing of Barbers—Rail¬ 
road and Street Crossing Board—Control of Railroads— 
Jury Commissioners—Board of Accountancy. 


CHAPTER XXIX. 


State Institutions .page 206 

Educational—Charitable—Penal—University of Michigan 
—State Agricultural College—State Normal College—Cen¬ 
tral State Normal School—Northern State Normal School 
—Western State Normal School—College of Mines—School 
for the Deaf—School for the Blind—Michigan Employment 
Institution for the Blind—State Public School—Industrial 
School for Boys—Industrial Home for Girls—Soldiers’ 
Home—Home for Feeble Minded and Epileptic—Michigan 
Asylum for the Insane—Eastern Michigan Asylum—North¬ 
ern Michigan Asylum—Upper Peninsula Hospital for 
the Insane—State Asylum for Insane Criminals—State 
Prison—State House of Correction and Board of the State 
Prison in the Upper Peninsula—Michigan Reformatory— 
Detroit House- of Correction. 





CHAPTER I. 


SCHOOL DISTRICT. 

Organization.—A school district is a municipal corpora¬ 
tion, authorized by law and unlimited in extent. Districts 
are organized and numbered and boundary lines are regu¬ 
lated and altered as conditions may require by the township 
board. When convenient or necessary a district may be 
formed of portions of two or more adjoining townships, 
the inspectors of each township concerned participating in 
the organization. Such a district is known as a fractional 
district. Fractional districts are numbered and administered 
in the township in which the school house is situated. 

Meetings.—The annual meeting of the school district is 
usually held the second Monday of July, but the district 
may vote to hold its annual meeting the fourth Monday in 
July. The school year commences on date of annual meet¬ 
ing. Special meetings may be called by the district board 
and must be called upon the written request of not less than 
five legal voters of the district. Only such business may be 
transacted at the special meeting as is mentioned in the notice 
of such meeting. Notices of either regular or special meet¬ 
ings shall specify the day, hour and place of meeting, at least 
six days before the meeting. At least three notices shall be 
posted in the most public places, including one on the outer 
door of the school house. 


12 


MICHIGAN STATE 


Qualified Voters. — There are two classes of electors. 
Persons 1 may vote upon all questions who have property 2 
assessed for school taxes and are citizens twenty-one years of 
age and who have resided in the district three months next 
preceding the meeting. The parents or legal guardians of 
any children included in the school census of the district 
who are citizens twenty-one years of age and have resided 
in the district three months may vote on all questions which 
do not directly involve the raising of money by tax. 

Work of Annual Meeting. —The qualified voters have 
power to elect the district officers; to designate, lease or 
purchase sites; to rent, purchase or build school houses and 
vote tax for same; to impose a tax for repairs, the purchase 
of necessary appendages and school apparatus, transportation 
of pupils, to determine the length of time the school shall be 
maintained during the ensuing year, which shall not be less 
than five months in any district. 

District Board and Officers. —The district board con¬ 
sists of three officers, moderator, director and treasurer, 
elected by ballot one each year for a term of three years. 
Any person qualified to vote upon all questions at the annual 
meeting is eligible to office. The board shall carry out the 
instructions of the annual meeting and shall further have 
power to borrow money, hire teachers, keep buildings in 
repair, specify text-books to be used and studies to be pur¬ 
sued, purchase books for indigent children, establish rules 
for the government and management of the school and sus¬ 
pend or expel disorderly pupils. 

(a) Moderator. —It is the duty of this officer to preside 
at all meetings of the district and the board, to countersign 
orders drawn by the director upon the assessor and warrants 
upon the township treasurer. 

(b) Director. —It is the duty of this officer to act as clerk 
of the district and the board, and keep a record of proceed- 

1 Women are citizens under the same conditions as men. A wife is a citizen 
if her husband is. 

2 Either by deed or contract. 



AND LOCAL GOVERNMENT. 


13 


ing s , to give notice of annual and special meetings, to draw 
all orders and warrants, to provide the necessary append¬ 
ages for the school house and keep all records, books, and 
papers belonging to the district or board. He is the execu¬ 
tive officer of the board. 

(c) Treasurer.— It is the duty of this officer to receive 
all moneys belonging to the district, paying out the same 
upon properly drawn orders and keeping record of all money 
received and disbursed. He is obliged to give a bond with 
two sureties in double the amount of money* estimated to 
come into his hands. 

Graded Districts.— Any school district containing more 
than one hundred children of school age may, by a two- 
thirds vote of the qualified voters present, organize as a 
graded district. The school board consists of five trustees 
elected for three years each. Said board each year organ¬ 
izes by electing from their own number a president, secre¬ 
tary and treasurer, which officers correspond to moderator, 
director and treasurer of a primary school district. 

Township Districts.— Upon petition of a majority of all 
the voters of a township filed with the township clerk at 
least fifteen days before July first, the township board shall 
call a special meeting for the second Monday of July, when 
the whole township shall be organized into one school dis¬ 
trict. The officers and their terms are the same as those 
in the graded district. 

School Census. —It is the duty of the director or some 
person appointed by the school board to take a census of 
the school district during the fifteen days previous to the 
first Monday of June. The school age is from five to 
twenty. The census is taken in every district in the state 
on the same dates. The returns are made by the enumerator 
through the township clerk and the school commissioner to 
the superintendent of public instruction. The distribution 



14 


MICHIGAN STATE 


of the primary school money is based upon this census. 


Suggestions and Material. 

Draw a map of the township by districts. The supervisor 
and the county school commissioner may be consulted. 

Attend an annual school meeting. Many, especially young 
ladies, have never attended such a meeting. Observe care¬ 
fully and take notes. Things not understood will be gladly 
explained by a school officer or other person upon inquiry. 

If you are a stranger in the district become familiar with 
its boundary, extent, the general facts of its organization 
and history. 

Secure one of the posted notices after the school meeting. 
Have a copy of Hammond’s School Law of Michigan for 
reference. 

Questions on the Text. 

What is a school district? 

How are school districts organized? 

What is a fractional district? 

When is the annual school meeting held? 

When does the school year begin ? 

How are special meetings called ? 

What about notices of school meetings? 

Who may vote at school meetings? 

What business is transacted at the annual meeting-? 

o 

How many and what officers compose the school board ? 

What are the duties of the moderator, director, treasurer ? 

What is a graded district, and how .does it differ from a 
primary district? 

What is a township district and how is it organized ? 

When is the school census taken? Who takes it? 



AND LOCAL GOVERNMENT. 


15 


Who is included in the school census? 

What is the purpose of taking the school census ? 

Home Study Questions . 

What is the number of your district? 

How many districts in your township? County? How 
many are fractional? 

What is a corporation ? 

Is a school district a body corporate? 

What powers belong to the district as a corporation ? 

Can a person have his property detached from one district 
and attached to another? 

Can the same be done without the owner’s consent ? 
When does your district hold its annual meeting? 

Do women vote in your district? Hold office? 

Have they generally availed themselves of this privilege? 
What is the rule as to business transacted at a “special” 
meeting? 

What is the penalty for disturbing a school meeting? 
What is the limit of tax for purchasing or building school 
houses ? 

What are the legal “necessary appendages?” 

What are the seven circumstances under which a district 
office shall become vacant? 

How are vacancies filled? 

Do school officers receive any ‘compensation ? 

Do sectarian schools share in the money received for 
school taxes? 

What is a “school month ?” 

When is a teacher legally qualified? 

Can public meetings be held in the school building? 
What study is especially required to be taught? 

Who may attend a district school? 


16 


MICHIGAN STATE 


Who are non-resident pupils ? 

What is the school census of your district? The county? 
The state? 

What compensation is given for taking the census? 

How does the school enrollment compare with the census ? 
Is the school census increasing or decreasing? If there 
has been any marked change how can it be accounted for ? 



JOHN D. PIERCE. 

(See p. 158, Homans’ History of Michigan.) 


AND LOCAL GOVERNMENT. 


17 


/ 


CHAPTER II. 

TOWNSHIP. 

The Congressional Township 1 is a division of land six 
miles square and contains thirty-six square miles. Each 
square mile is called a section. These are divided into 
halves and quarters and these in turn into smaller fractions 
on the same scale. 

The Survey. —The surveyors establish two lines as stand¬ 
ards, one running due north and south called the principal 
meridian, 3 and the other at right angles to the first running 
due east and west and called the base line. 3 Other lines are 
run parallel to these north and south, east and west six 
miles apart, thus forming the townships. Each township is 
then divided into thirty-six sections, each one mile square 
and containing 640 acres as near as may be. 

how Townships are Numbered.— Any township in the 
first row north of the base line is read “township one north" 
usually written T. 1 N., and similarly each township in the 
first row south is read “township one south,” written T. 1 
S. The rows increase north and south in numerical order. 

A row of townships running north and south is called a 
range. The first row east of the principal meridian is read 
“range one east” and is written R. 1 E., and in like manner 
the first row west is read “range one west,” written R. 1 W. 
These increase numerically east and west from the principal 
meridian. 

'The system of public land survey was devised by a Committee of Congress 
of which Thomas Jefferson was chairinan and was adopted May 3, 1785. 

-The Michigan meridian is longitude 84° 19' 09" west. 

“The Michigan base line is on a parallel seven miles north of Detroit and 
forms the north boundary of the second tier of counties. 



L8 


MICHIGAN STATE 


* 






C. 




p 

cn 



dian. 

in 

Towns 

hips 3 No 

rth 

ge 4 We 

D. 


ipal Meri 

ge 1 Ea 




Ran 

Base 

Line. 

Princ 

Ran 

Base 

Line. 





A. 

Town 

ships 1 So 

uth. 




W est. 




East. 




;■ 

Range 2 




Range 3 

B. 


No. 1 

















































AND LOCAL GOVERNMENT. 


19 


Township A in the figure is written in descriptions T. 
i S., R. i W., and is read “township one south, range one 
west.” 

Township B is written T. 3 S., R. 4 E. 

Township C is written T. 4 N., R. 1 E. 

Township D is written T. 2 N., R. 3 W. 

How Sections are Numbered. —The sections are num¬ 
bered from one to 36, beginning at the north-east corner sec¬ 
tion and numbering west to six at the north-west corner, 
dropping south numbering back from west to east and pro¬ 
ceeding alternately to section 36 in the south-east corner. 


6 . 

5 . 

4 . 

3 . 

2 . 

1 . 

7 . 

8 . 

9 . 

10 . 

11 . 

12 . 

18 . 

17 . 

16 . 

15 . 

14 . 

13 . 

19 . 

20 . 

21 . 

22 . 

23 . 

24 . 

30 . 

29 . 

28 . 

27 . 

26 . 

25 . 

31 . 

32 . 

33 . 

34 . 

35 . 

36 . 


No. 2. 


Divisions of Sections. —The usual division of the sec¬ 
tion is into square areas, quarter sections and quarter-quar¬ 
ters. Although the government recognizes no tract less 
than 40 acres individuals find it convenient to make other 
subdivisions as twenty, ten or five acre tracts. These are 
located by directions the same as the larger divisions. The 
accompanying figure will illustrate the method of division 
and description. 























20 


MICHIGAN STATE 


Correction Lines.—As the meridians converge as they 
extend northward the townships would decrease in size if 
reckoning continued to be made from the original base line. 
To preserve the size of the townships correction lines are 
run east and west from the principal meridian forming new 
base lines for townships lying north of them. These lines 
are supposed to be established every 24 miles from the base 



line, but in practice they are established at other intervals. 
There are five correction lines in the state. The first cor¬ 
rection line is between townships ten and eleven north, the 
second between twenty and twenty-one, the third between 
thirty and thirty-one, the fourth between forty and forty- 
one, the fifth between fifty and fifty-one north. The land 
in the upper peninsula is surveyed from the same base and 
meridian as that in the lower peninsula. 















AND LOCAL GOVERNMENT. 


21 


The Civil Township is a division organized into a cor¬ 
porate body for local and political purposes, with such pow¬ 
ers and immunities .as shall be prescribed by law. It is 
the political unit. The congressional township and the civil 
township have the same boundaries and extent, but repre¬ 
sent different ideas and the distinction should be kept clearly 
in mind. 


N. W. X 

N. E. X 

S. W. H 

S. E. X 


No. 4. 


Organization.—Townships may be organized by act of 
the legislature or by the board of supervisors of any county 
upon the application of twelve free-holders. The board shall 
name the new township and fix the time and place of holding 
the first annual meeting. Townships may be divided or 
boundaries altered by the board of supervisors. Townships 
act under general statutes which prescribe their powers and 
duties and which are the same for all the townships of the 
state. 





22 


MICHIGAN STATE 


Powers, Duties and Liabilities.—As a body corporate 
a township may purchase and hold property. It may also 
vote money for necessary expenses, make orders or laws 
for directing and managing the local affairs of the township, 
establish hospitals for persons having contagious diseases, 
and erect a town hall. The duties of townships include hold¬ 
ing township meeting, holding general election and paying 
necessary and proper township expenses, lay out and main¬ 
tain highways, construct and repair bridges, have care of 
the public health and preserve the public peace. 

A township is liable for all lawful contracts and indebted¬ 
ness, and for injury by defective roads or bridges, but is not 
liable for neglect or misconduct of its officers. 

Township Meetings.—The annual meeting of each 
township shall be held on the first Monday of April in each 
year. At this time there shall be chosen by ballot super¬ 
visor, clerk, treasurer, commissioner of highways, justices 
of the peace and constables. 

Special township meetings may be held for.the purpose 
of choosing officers to fill any vacancy that may occur at the 
call of the township board if it shall be deemed expedient. 
Special meetings for the transaction of other business shall 
be ordered by, same board on a written request of any twelve 
electors of the township. 

Suggestions and Material. 

A good township map of Michigan is desirable. Get one 
in which the upper and lower peninsulas are in correct rela¬ 
tive positions. A good map may be obtained from The 
Hammond Publishing Company, Lansing, for one dollar. 


1 







AND LOCAL GOVERNMENT. 


23 


Work out on the blackboard a township map on the plan 
of diagram one, proceeding from the base line and principal 
meridian until your own county and township is reached. 
Indicate the county lines. 

Drill on reading descriptions until every one can do it 
readily. If in the country locate the children’s homes by 
the land survey and indicate same on the map. 

Get tax receipts, deeds or other documents and locate the 
descriptions. 

In nearly every county there are errors in the original 
survey. These should be found out by talking with the 
supervisor or other well-informed person. Some very inter¬ 
esting peculiarities will be discovered in nearly every county. 

If possible talk with the register of deeds about this sub¬ 
ject. Learn what you can about the methods of surveyors. 

Questions on the Text. 

What is a congressional township? 

When and by whom was our system of public land survey 
devised ? 

What is a section and how is it divided? 

What is the principal meridian? Locate it. 

What is the base line ? Locate it. 

How large is a township? A section? 

How are townships numbered? 

What is a range? How is it indicated? 

How are sections numbered? How divided? 

What are correction lines? How many in the state? 

What is a civil township? How organized? 

Name the powers of a township. 

When is the annual township meeting held ? 

What business is transacted? 

How may a special township meeting be called? 



24 


MICHIGAN STATE 


Home Study Questions. 

What is a “long forty?” 

Explain the phrase “more or less” as used in deeds and 
land descriptions. 

How many acres in a township ? How many acres in the 
township in which you live ? 

Locate your own township by land survey. 

What is the description of the farm on which you live ? 

What is “witness tree?” 

How do surveyors find section corners? 

How long is a surveyor’s chain? 

What is interesting about section sixteen? 

What is the average population of each section in your 
township as far as you are acquainted? 

When was your township organized? 

What is the origin of the name of your township? Has 
it ever been changed ? 

When and where was it settled? 

Where did the first settlers come from ? 

Is the population increasing or decreasing? Reason for 
answer ? 

Has your township a “ town house or hall ?” Locate it. 



AND LOCAL GOVERNMENT, 


25 


CHAPTER III. 

TOWNSHIP OFFICERS. 

Name and Term.—There shall be elected annually in 
each organized township a supervisor, clerk, commissioner 
of highways, treasurer, constables, justices of the peace, 
members of the board of review, overseers of highways and 
poundmasters. The office of township drain commissioner 
was abolished in 1897. Each officer shall hold office for 
one year and until his successor shall be elected and duly 
qualified, except justices of the peace, whose term is four 
years, and members of the board of review, whose terms 
are two years. Only electors shall be qualified to hold 
township offices. 

Oath of Office.—All officers except justices of the peace 
shall take the oath of office within ten days after the notice 
of their election, which shall be filed with the township clerk. 
Failure to qualify within the specified time is deemed a 
refusal to serve. 

Resignations and Removals.—Resignations of township 
officers shall be in writing addressed to the township board 
and filed with the township clerk. The governor may also 
remove an officer when he shall be satisfied from sufficient 
evidence that the officer is incompetent to execute the duties 
of the office or has been guilty of official misconduct or neg¬ 
lect of duty. The township board shall fill vacancies or may 
call a special election. Persons elected to fill vacancies shall 


26 


MICHIGAN STATE 


hold only during the unexpired term or until a successor is 
elected and qualified. 

Supervisor.—The supervisor is the chief administrative 
or executive officer of the township. He is the agent for 
his township in the transaction of all legal business. He is 
by virtue of his office the assessor for his township. He rep¬ 
resents his township at all meetings of the board of super¬ 
visors. He collects statistics relating to the insane, deaf, 
dumb and blind; makes returns of births and statistics con¬ 
cerning crops and stock. The supervisor affords relief to 
the poor. He is a member of the township board, board of 
review, board of health, board of inspectors of election and 
board of registration. 

Clerk.—The clerk shall keep and have the custody of all 
records, books and papers of the township. He is required 
to give a bond for the faithful discharge of his duties and 
the safe keeping of the records. He keeps an account with 
the treasurer charging him with all funds which come into 
his hands and crediting him with all money paid out. Chat¬ 
tel mortgages are filed in his office. He is the township 
sealer of weights and measures. He shall keep the record 
of the proceedings of all township meetings and shall be a 
member of the township board, board of registration, board 
of inspectors of election and board of health. 

Treasurer.—The treasurer shall have charge of all moneys 
belonging to the township, keeping an account of the receipts 
and expenditures of the same. This account shall be sub¬ 
mitted to the township board on the Tuesday next preceding 
the annual town meeting. He shall give a bond to the town¬ 
ship in such sum and with such sureties as the supervisor 
may approve, which bond shall be filed with the clerk. He 
collects all taxes. He is a member of the board of registra- 



AND LOCAL GOVERNMENT. 


27 


tion. No person shall hold the office of treasurer for more 
than two years in succession. 

Commissioner of Highways.—The commissioner of 
highways has charge of highways, bridges and culverts, 
constructing and keeping them in repair. His work is done 
through the overseers of highways. The Michigan plan for 
caring for highways will be considered in a separate chap¬ 
ter. The highway commissioner gives a bond for $1,000 
for the faithful performance of his duty. 

Justices of the Peace.—There shall be not to exceed four 
justices of the peace in each township elected for four years 
and entering upon their duties July 4th. Justices are con¬ 
servators of the peace and may hear smaller civil and crim¬ 
inal matters. They may administer oaths, solemnize mar¬ 
riages and hold inquests in the case of sudden or violent 
deaths. 

Constable.-—There shall be not to exceed four constables 
in each township elected for a term of one year. Constables 
shall be ministerial officers of justices of the peace and shall 
serve all warrants, notices and processes lawfully directed 
to them in any township of the county. 

Overseer of Highways.— At the town meeting each year 
there is elected viva voce or in such manner as the meeting 
may direct, 1 one overseer of highways for each road district. 
Only residents of road districts or electors of the township 
having taxable property in the district may vote in each 
case, and no person shall be eligible to the office who is 
not a resident taxpayer in the district. In the upper penin- 

*Tf there is but one road district in the township the overseer is elected by 
ballot in the same manner as other townshi*' officers. 



28 


MICHIGAN STATE 


stila overseers are required to be elected by ballot. 1 The 
overseer in each district shall see that the highways are 
kept in repair and shall see to the performance of the 
highway labor within his district. Vacancies are filled by 
the appointment of the commissioner of highways. 

Poundmasters. —Poundmasters are elected 1 in the same 
manner as overseers of highways and as many in number as 
the meeting may direct. It is the duty of the poundmaster 
to take and keep any animals at large contrary to any by¬ 
law of a township. They shall be placed in the township 
pound if there be one, and if not, then in some other suit¬ 
able place. Fees and costs of keeping are collected before 
returning the animals. Some townships do not direct the 
election of any poundmasters. 

COMPENSATION. 

Supervisor. —Assessing property, making tax rolls, etc., 
$1.50 per day; attending board, $3.00 per day; traveling, 
$0.06 per mile going and returning. 

Clerk.—Clerk of boards, $1.50 per day; clerk of election, 
$1.50 per day. 

Treasurer.—On taxes paid from December first to Jan¬ 
uary tenth, one per cent, after that date, four per cent. 

Highway Commissioner. — Fixed by township board not 
less than $2.00 nor more than $2.50 per day for time actu¬ 
ally employed. 

Justice of the Peace.—Warrant, $0.25; subpoenas (not 
to exceed four), $0.10; trial of any cause, criminal, $3.00 per 
day, civil, $1.50 per day; swearing each witness, $0.10; 
continuance or adjournment, $0.15; a long list of other fees. 

Constables. —Serving warrant, $0.50; summons, $0.25 ; 
subpoena, $0.15; traveling, $0.10 per mile; summoning a 

1 Local act 322 of 1881 provides for the election by ballot of overseers of 
highways and poundmasters in Springwells township, Wayne county. 



AND LOCAL GOVERNMENT. 


29 


jury, $0.75; attending upon a jury, $0.50; and many other 
fees. 

Overseer of Highways. —'Fixed by township board not 
less than $1.50 nor more than $2.00 per day for time actually 
employed. 

Poundmasters.— All animals impounded, $0.04 (town¬ 
ships). In cities, $0.25 and $0.50 and for keeping, per day, 
$0.50, $0.75 and $1.00, depending on kind of animal. 

Questions on the Text. 

* 

Name the township officers and term of each. 

Who is eligible to hold office in a township? 

When must township officers qualify? 

How may a township officer resign? How be removed? 

How are vacancies filled? 

What are the duties of supervisor, clerk, treasurer, com¬ 
missioner of highways, justice of the peace, constable, over¬ 
seer of highways, poundmasters ? 

How are overseers of highways elected in lower peninsula ? 
How in upper peninsula? 

What is the pay of each of the township officers? 

Home Study Questions. 

Do all the states have drain commissioners? 

Why should the office of township drain commissioner be 
abolished ? 

Why should the term of justice of the peace be longer 
than the other township officers ? 

When does the justice of the peace take the oath of office? 

What are chattel mortgages? 

Why should there be a limit on the terms of township 

treasurer ? 

3 


30 


MICHIGAN STATE 


How many road districts in your township ? 

Arc there any poundmasters elected in your township ? 



STEVENS T. MASON. 

(See p. 137, Hemans’ History of Michigan.) 


AND LOCAL GOVERNMENT. 


31 


CHAPTER IV. 

ELECTIONS. 

Registration.—The supervisor, treasurer and clerk of 
every township shall constitute a board of registration. It 
is the duty of this board to make an alphabetical list of the 
names in full of all persons entitled to vote in the township. 
The meetings of the board are held on the Saturday next 
preceding any election at the office of the township clerk 
from nine o’clock in the forenoon until five o'clock in the 
afternoon. No person can vote whose name does not appear 
on the registration list unless such person shall on election 
day make oath that on account of sickness or absence on 
official business he was unable to register. Stringent laws 
have been passed to preserve the purity of elections and 
false or fraudulent registration in any point is amenable 
to heavy punishment. 

Voting Places.-— -The township board of each township 
selects a suitable room for holding the election. A railing 
or fence four feet high is erected across the room with gates 
on either side for the entrance and departure of the voters. 
There shall be erected inside the railing a booth with walls 
not less than six feet high so that the person preparing 
the ballot shall be concealed from all other persons. There 
shall be at least one such booth for every one hundred per¬ 
sons entitled to vote as shown by the last preceding regis¬ 
tration. No one but the officials shall be allowed within 
the railing except to vote or to assist some elector.in the 
preparation of his ballot, and only as many electors as there 
are booths shall be allowed within the railing at one time. 


32 


MICHIGAN STATE 


Election Officials.—The conduct of elections is under 
the direction of the inspectors of election consisting of the 
supervisor, the justice of the peace whose term of office will 
first expire and the township clerk. The supervisor is chair¬ 
man and the township clerk is clerk of the board of inspect¬ 
ors. The inspectors name at the opening of the election a 
second clerk from among the electors. In case all the 
inspectors are not present, the electors may choose by accla¬ 
mation others to take the places, vacant. No person can act 
as an inspector who is a candidate for any office to be elected 
by ballot at that election. 

Each gate shall be in charge of a gatekeeper appointed at 
the opening of the polls by the board of inspectors whose 
duty shall be to allow no one to enter except those entitled 
to that privilege. 

Each political party shall have the right to keep not 
exceeding two challengers at each place of voting. 

Opening and Closing.—The polls of the election shall be 
opened at seven o’clock in the forenoon, or as soon there¬ 
after as may be, and closed at five o’clock in the afternoon. 
Adjournment may be taken at twelve o’clock for one hour 
at the discretion of the board. The inspectors shall cause 
proclamation to be made upon opening the polls and one 
hour, thirty minutes and fifteen minutes before the closing 
of the polls in the following form: “Hear ye, hear ye, 

hear ye; the polls of this election will be closed at. 

o’clock in the afternoon of' this day.” 

Ballot Boxes.—The township clerk shall provide one or 
more suitable ballot boxes with lock and key, and an open¬ 
ing in the top for the admission of a single closed ballot. 
Before opening the polls the box will be emptied of any 
contents, then locked and the key delivered to one of the 
inspectors designated by the board, and shall not be again 
opened during the election. 





AND LOCAL GOVERNMENT. 


33 


Official Ballots.—The one ballot shall contain the names 
of all candidates to be voted for at any election, all nomina¬ 
tions of any party to be placed in a separate column under 
the title and device of such party with the name of each 
candidate opposite the name of the office for which he was 
nominated. The ticket of the party having the greatest num¬ 
ber of votes at the last preceding presidential election shall be 
placed first on the ballot, the others to follow in the order 
of the vote cast as above. The ballots shall be of uniform 
size and of the same quality and color of white paper and 
thick enough to prevent the printing showing through. The 
upper-right hand corner shall be perforated and each ballot 
numbered on this corner, the same to be torn off before 
being deposited in the ballot box. 

Instructions.—In all cases stamp a cross (X) in the 
circle under the name of your party at the head of the bal¬ 
lot. If you desire to vote a straight ticket nothing further 
need be done. 

Where only one candidate is to be elected to any office, 
and you desire to vote for a candidate not on your party 
ticket, make a cross in the square before the name of the 
candidate for whom you desire to vote on the other ticket. 

Where two or more candidates are to be elected to the 
same office, and you desire to vote for candidates on differ¬ 
ent tickets for such office, make a cross in the square before 
the name of the candidates for whom you desire to vote on 
the other ticket; also erase an equal number of names of 
candidates on your party ticket for the same office for whom 
you do not desire to vote. 

If vou wish to vote for a candidate not on any ticket, write 
or place the name of such candidate on your ticket opposite 
the name of the office. Before leaving the booth, fold the 
ballot so that the initials of the inspector may be seen on the 
outside. 


34 


MICHIGAN STATE 


Election Commissioners.— The official ballots for the 
various elections are prepared by a board of election com¬ 
missioners. The county board is composed of the judge of 
probate, chairman, county clerk, secretary and county treas¬ 
urer. The township board constitute the commissioners for 
the township. In cities and villages persons shall be selected 
by the common councils. It is the duty of this board to 
prepare and deliver to the board of inspectors a sufficient 
number of ballots, at least two for each elector. With the 
ballots are included stamps, ink pads and other necessary 
material. These are delivered in sealed packages and not 
opened by the election inspectors until they are organized 
and ready to receive votes. 

The tickets of the different parties shall be forwarded 
to the election commissioners by the party committees in 
state and county elections 1 not less than twenty days 2 before 
the election. The state committee of each political party 
shall prepare a vignette to be printed at the head of the 
party column not more than one inch and a half square 
containing some device and the name of the party. Cuts 
of this vignette shall be secured by the commissioners from 
which to print the ballots. 

Qualified Voters.— Every male inhabitant who is a citi¬ 
zen of the United States, twenty-one years of age, and has 
resided in the state six months and in the township, ward 
or precinct twenty days next preceding the election may vote 
in all elections; a person of foreign birth must have resided 
in the United States five years and have taken out final 
naturalization papers. A declaration of intention must be 
made at least two years prior to taking out final papers. 

How to Vote. —After the organization of the board of 


1 In Wayne county not loss than ten days. 

"In township and municipal elections five days. 





AND LOCAL GOVERNMENT. 


35 


election inspectors one of the number shall open the pack¬ 
age of ballots, delivering fifty to one of the other inspectors, 
who shall write his initials in ink upon the upper left corner 
for the purpose of identification. As the voting proceeds 
additional ballots shall be assigned. 

Upon entering the enclosed space the elector is handed 
a ballot and retires alone to a booth where he prepares his 
ballot in accordance with the “instructions” printed at the 
top, indicating the persons for whom he wishes to vote. 
Before leaving the booth he shall fold the ballot so that the 
face shall be entirely hidden and so the initials of the 
inspector shall be on the outside. The ballot shall then be 
handed to an inspector who will announce the name of the 
elector audibly. The name will be recorded on the poll 
list and numbered and the ballot deposited unopened in the 
ballot box. 

Challenging. —It shall be the duty of each inspector to 
challenge every person offering a ballot whom he shall know 
or suspect to be disqualified as an elector. When any per¬ 
son is challenged by an inspector, challenger or qualified 
elector, the chairman of the board of inspectors shall state 
the constitutional qualifications of an elector. If the person 
continues to maintain his qualifications and the challenge be 
not withdrawn he shall take an oath containing the grounds 
of his qualifications. His vote shall then be received, but if 
he swears falsely he is liable to the penalties of perjury. 

Counting the Votes. —Immediately upon closing the 
polls, the board shall proceed to canvass the votes. After a 
comparison and checking of the poll lists the boxes are 
opened and the whole number of votes counted. If the 
number of ballots exceed the number that voted, as shown 
by the poll list, one of the inspectors shall draw out and des¬ 
troy unopened as many as shall be equal to the excess. 
After the ballots are counted the results shall be immediately 


36 


MICHIGAN STATE 


publicly declared. The persons receiving the greatest num¬ 
ber of votes for any office shall be declared elected. If two 
or more persons shall receive an equal number of votes for 
the same office the inspectors shall determine the choice by 
lot and declare and certify accordingly. A statement in 
duplicate of the results is then prepared, certified and signed 
by the board of inspectors. One copy is filed by the town¬ 
ship clerk and the other delivered to one of the inspectors 
appointed by the board to attend the county canvass. 

Voting Machines.—The use of thoroughly tested and 
tried voting machines in township elections may be author¬ 
ized by the board of supervisors of any county at an annual 
meeting by a two-thirds vote, such machines to be used for 
the ensuing year. City and village councils may authorize 
the use of machines for municipal elections. All machines 
must provide for a secret ballot. 

Voting machines do away with the ordinary ballot and 
record each vote when made automatically, somewhat after 
the manner of cash registers in such common use. At the 
conclusion of the election no counting is necessary. The 
results may be taken directly from the machine registers and 
announced. 


Suggestions and Material. 

It is very desirable for a teacher to have visited a polling 
place and to have seen the plan and arrangement of the 
room and the methods of voting. Lady teachers can easily 
arrange for such a visit and it may prove profitable. If the 
visit be impossible a thorough explanation by some voter 
may be secured. 

Many teachers will succeed nicely in conducting a mock 
election. The day of election is a good time. 

Instruction ballots are given away and several should be 
secured. These differ from the real ones only in color. 


AND LOCAL GOVERNMENT. 


37 


1 he responsibility of voting and the importance of honest 
elections should be emphasized. 

Questions on the Text. 

Who constitute the board of registration? 

What are their duties? 

When does the board meet? Where? 

Is it possible for a person to vote who is not registered ? 
Where is the election held ? 

What are the furnishings of the election place? 

Who constitute the inspectors of election? How are they 
organized ? 

What are the other officials and their duties? 

When do the polls open and close? 

Describe the official ballot box. 

Describe the official ballot. 

Who prepares the ballots? How many are prepared? 
What are the qualifications of an elector? 

How does a person vote? 

Who should be challenged? By whom? 

How can a person who has been challenged vote? 

How are the votes counted? 

How are the results announced ? 

What is a voting machine and what is its purpose? 

Home Study Questions. 

What is meant by the “Australian System” of voting? 
What was the former system of voting? What were its 
evils ? 

Can fraud be perpetrated under the present system ? 

Could a person vote who could not read or write ? How ? 
Is it possible to know how a person voted except upon his 
own statement? 


38 


MICHIGAN STATE 


What is a “straight” ticket? 

What is meant by “swearing in” your vote? 

Define majority. Plurality. 

If two persons were candidates for the same office and 
four hundred votes were cast, how many would be required 
to elect ? How many if there were three or more candidates ? 

What is meant by a “distinguishing mark” on a ballot? 
What is the intention in such a ballot? How is it dis¬ 
posed of ? 

What is meant by “determine the choice by lot?” 

What are “election returns?” 

How is it determined which political party shall have its 
ticket first on the ballot ? 



DOUGLASS HOUGHTON. 

(See p. i( 32, Hemans' History of Michigan.) 







AND LOCAL GOVERNMENT. 


39 


CHAPTER V. 

ROAD MAKING. 

General.— The highways in Michigan are opened, im¬ 
proved and maintained by two money taxes; one tax is 
known as the road repair tax and the other as the highway 
improvement tax. The first is assessed on all the property 
in the township outside of incorporated villages and shall 
not exceed fifty cents on each one hundred dollars valuation. 
The second is assessed the same way except that the prop¬ 
erty of incorporated villages is included. This law does 
away entirely with the system known as ‘'working on the 
road.” The repair tax is to be expended in the district 
where raised and the improvement tax anywhere in the town¬ 
ship for the permanent improving of the highways and pur¬ 
chasing tools and machinery for such work. 

County Road Law.— On petition of not less than ten 
per cent of the resident free holders of the county or upon 
a majority of the board of supervisors the board of super¬ 
visors may submit the question of a county road system 
to the electors. When adopted a board of county road com¬ 
missioners not exceeding five in number shall be elected by 
the people for a term of six years. This board may lay 
out new roads or elect to take charge of any roads already 
laid out. All roads not under the control of the. county 
board remain under the highway commissioner of the 
townships. The amount of tax to be raised for county roads 
is determined by the board of supervisors and is assessed 
and collected the same as other county taxes. 


40 


MICHIGAN STATE 


Good Roads District.— Any number of townships and 
villages may vote to form a good roads district. Such a 
district operates under the provisions of the county road 
law. Each township, village or city in the district elects one 
commissioner which together forms'a board of commissioners 
- for the district. The board of supervisors determines the 
amount of tax to be raised which is collected as in the case 
of county roads. 

State Reward for Roads.— The state will upon the ap¬ 
proval of the State Highway Commissioner pay to the 
township or county that builds a mile of road according to 
certain specifications furnished by the state for gravel, stone 
or macadam roads a sum varying from two hundred fifty 
dollars to one thousand dollars a mile. Claims for not more 
than two miles in any one township in any one year shall 
be allowed. 

Noxious Weeds.— All noxious‘weeds are to be cut by the 
owners or possessors of the land before the first day of 
July and again before the first day of September. 
Failure to do so renders the owner or possessor 
liable to a fine of ten dollars. Among the weeds specified are 
Canada thistles, milkweed, wild carrots and oxeye daisies. 
Overseers and commissioners of highway are required to 
cut all wayside brush. 

Fence Viewers.— Partition fences are required to be 
maintained by occupants of adjoining lands, which fence is 
to be four and a half feet high and in good repair, consisting 
of rails, timber boards, or stone wall, or any combination 
thereof. In case any party shall neglect to build or repair 
any partition fence the aggrieved party may complain to two 
or more fence viewers, who may pass judgment as to the 
sufficiency or necessity of the fence. The overseers of the 
highways are made fence viewers in their respective town¬ 
ships. 


AND LOCAL GOVERNMENT. 


41 


Questions on the Text. 

How are the highways of the state cared for? 

How is the assessment made for carrying on the work? 
What are the two taxes? 

What is the county road system ? 

How many road commissioners? 

What are the duties of overseers of the highways? 

Term of office and duties. 

What is a good roads district ? 

How organized and maintained? 

What is the duty of the overseer as to noxious weeds? 
What is meant by state reward? 

Who are the fence viewers of the township and what are 
their duties? 


Home Study Questions. 

How many road districts in your township? 

Are the roads well cared for? 

Who are most interested in having road work well done 
and the roads kept in good repair? 

What is a macadamized road? 

How were roads made in an early day ? 

What were “state roads?” Are there any near your 
school? 

Name some noxious weeds. 

Is it necessary that a road fence be maintained? 

How may a district buy a road machine? 

Has your county the county road system ? 

How wide is a country road ? 

How much land is occupied by a road one mile in length ? 
How would it be to have the roads narrower but better 
cared for, including all the space from fence to fence? 

Of what material may a line fence be constructed ? 



42 


MICHIGAN STATE 


, Is barbed wire a “legal fence” ? 

Who is responsible for damages where an accident oc¬ 
curs in a defective bridge? 

What is meant by condemning a bridge? How does that 
affect the matter of responsibility in case of damage ? 

What is the law as to the use of sleigh bells in winter in 
the upper peninsula? 

What precautions must the owners of traction engines or 
other steam propelled vehicles take in passing along the 
highway ? 

How are new roads opened ? 

Can a road be constructed through private property? 




AND LOCAL GOVERNMENT. 


43 


CHAPTER VI. 

TOWNSHIP BOARDS. 

Township Board.—This board is composed of the super¬ 
visor, two justices of the peace, whose term of office will 
soonest expire, and the township clerk. The board meets 
annually on the Tuesday next preceding the annual town¬ 
ship meeting for the purpose of auditing and settling all 
claims against the township. Claims are paid by the treas¬ 
urer on the order of the board, signed by the clerk, and 
countersigned by the chairman. Settlement is made with 
the township treasurer and other township officers, who re¬ 
ceive or disburse public money, for all moneys received and 
disbursed by them. In case the annual township meeting 
fails to vote the money for township expense, the board may 
vote such sum as may be necessary, not to exceed one thou¬ 
sand dollars. The board may grant the use of highways 
for street railway purposes. There are, beside these, many 
minor matters, in some of which the board has discretionary 
power. The township board exercises the legislative func¬ 
tions for the township. 

Board of Review.—This board consists of the super¬ 
visor and two other members elected, one each year, for a 
term of two years. On the Tuesday next following the 
first Monday of June, the board of review receives the 
assessment roll from the supervisor for examination. The 
names of persons having property liable to assessment 
omitted from the roll may be added, all errors in names, 
description, assessment or valuation may be corrected and 


44 


MICHIGAN STATE 


anything else may be done to make the roll correct and to 
comply with the law. 

On the second Monday of June the board shall meet again 
to hear requests of persons who desire that their assess¬ 
ment be corrected. Such persons may be examined on oath. 
The board shall continue in session two days, at least six 
hours each day. After the review is completed the majority 
of the board shall endorse the roll, stating that it has been 
approved. 

Board of Health. —The township board constitute the 
board of health, of which the supervisor is president and 
the clerk of the township the clerk. It is the duty of the 
board to appoint a physician as health officer t© act as the 
sanitary adviser and executive officer of the board. If it is 
impracticable to secure the services of a physician, some 
other person may be named. The appointment is to be made 
within thirty days after the annual township meeting. This 
board shall make regulations respecting nuisances and causes 
of sickness, cemeteries and the interment of the dead, the 
spread of contagious diseases and the care of persons in¬ 
fected with contagious diseases and the carrying on of of¬ 
fensive trades. 

Board of Registration. —The supervisor, clerk and treas¬ 
urer of every township shall constitute the board of reg¬ 
istration. In case of absence or inability to serve, a justice 
of the peace shall act as a member of the board. The 
board shall be in session on the Saturday next preceding 
any election, general or special, at the office of the town¬ 
ship clerk, from nine o’clock in the forenoon until five 
in the afternoon for the purpose of making a list of qualified 
electors. 

Compensation.— All members of township boards re¬ 
ceive $1.50 per day for actual services, except the board of 
review, which receives $2.00. 





AND LOCAL GOVERNMENT. 


45 


Questions on the Text. 

Name the boards of a township. 

Who compose the township board? 

When is the annual meeting? 

What are the duties of the board? 

Who compose the board of review? 

When does it meet? 

What are the duties of this board? 

Who compose the board of health? 

Who is at the head of this board? 

What are the duties of this board? 

Who compose the board of registration? 

When does the board meet? 

What are its duties? 

Who may serve in place of a regular member? 

Home Study Questions. 

What is a street railway franchise? 

Name some contagious diseases. 

What are some offensive employments? 

What is the legislative body of the township? 

In what is the executive functions vested? 

Who exercises the judicial powers of the township? 
What is a burial permit? 

What work have you heard of a health officer doing? 


V . 






46 


MICHIGAN STATE 



LCYVIS CASS. 

(Sec p. 125, Hemans’ History of Michigan.) 




AND LOCAL GOVERNMENT. 


47 


CHAPTER VII. 

TAXATION. 

Assessment Roll.—On or before the third Monday of 
May in each year the supervisor or assessing officer shall 
make an assessment roll containing the name of every per¬ 
son liable to be taxed for personal property in the township, 
also a full description of the real estate with the owner’s name 
if known. The supervisor shall estimate according to his 
best information and judgment the true cash value of every 
piece of property, both real estate and personal, placing the 
same on the roll. The assessment rolls are reviewed as given 
in chapter six, “board of review.” 

School Tax.—The district board shall estimate the amount 
to be raised, in addition to other school funds for the entire 
support of the school, including teachers’ wages, fuel and 
other incidental expenses which amount shall be delivered 
in writing to the township clerk by the district board between 
the first and third Mondays in September in each year with 
all taxes voted by the district or which the board is author¬ 
ized to impose. 

The township clerk, on or before October first, delivers 
to the supervisor a certified copy of all statements filed in 
his office of the amounts to be raised for school purposes in 
the several districts. 

The supervisor assesses the taxes voted by every school 
district in his township on the assessment roll in a column 
for school taxes which are collected and returned in the same 
manner as other taxes. The supervisor shall also assess 
upon the taxable property of his township one mill upon 


.48 


MICHIGAN STATE 


each dollar of valuation each year. In fractional districts 
statements are made to the clerks of the different townships 
and thence to the supervisors, the amount of all taxes to be 
levied in the district. 

Township Tax.—At the annual township meeting the 
qualified electors may vote money for the purpose of defray¬ 
ing contingent or ordinary expenses and for specific pur¬ 
poses. A township is limited to one thousand dollars in any 
one year for general purposes. 

The township clerk of each township on or before October 
first, delivers to the supervisor a certified copy of all state¬ 
ments authorizing or directing money to be raised by tax¬ 
ation for township, school, highway, drain and all other 
purposes. 

Dog Tax.—At the time of making the annual assessment 
the supervisor shall make a list of all persons owning or 
keeping a dog liable to be taxed. The tax shall be upon 
every male dog over six months old, one dollar; upon every 
female dog, three dollars. This tax is assessed and collected 
in the same manner and form as other township taxes. 

At the annual meeting of the township board in April 
damages are awarded for all sheep killed or wounded by 
dogs during the preceding year, such amounts to be paid 
out of the fund received from the dog tax. This award is 
based on the certificate of a disinterested justice of the peace 
not a member of the township board, who is called to view 
the killed or wounded sheep. If money remains of such 
fund after all claims in any one year over and above one hun¬ 
dred dollars are paid, it shall be apportioned among the sev¬ 
eral school districts of the township in proportion to the 
number of children of school age. 

Highway Tax.— The amount of road repair tax and 
highway improvement tax is determined by a majority of 
the electors at the annual township meeting. If the meeting 


AND LOCAL GOVERNMENT. 


49 


fails to vote a tax the township board and the highway com¬ 
missioner acting jointly may levy such a sum as they may 
deem necessary. The road taxes are levied and collected in 
the same manner as other township taxes. 

County Tax.—The amounts to be raised by taxation in 
each township for county purposes is determined by the 
board of supervisors. The county clerk, after the appor¬ 
tionment of county and state taxes by the board of super¬ 
visors, makes out two certificates for each township show¬ 
ing the amounts apportioned to each, giving one to the 
county treasurer and one to the supervisor of the proper 
township. 

State Taxes.—On or before September first each year 
the auditor general prepares a statement of all taxes to be 
raised for state purposes. These he apportions among the 
several counties in proportion to the valuation as deter¬ 
mined by the last preceding state board of equalization. 
Before the October session of the board of supervisors a 
statement of the amount of taxes apportioned to each county 
Is sent to the county clerk who lays the statement before the 
board of supervisors. 

Assessment of Taxes.—Each supervisor assesses the 
taxes apportioned to his township according to the valua¬ 
tions entered by the board of review, placing each tax in a 
separate column,, and the total in the last column at the right. 
The several columns shall also be footed and a statement 
of these footings handed the township clerk who charges 
these amounts to the township treasurer. 

Property Exempt From Taxation.—(a) Real.—Prop¬ 
erty belonging to the United States, to this state and to any 
county, township, city, village or school district, when used 
for public purposes; property owned by library, benevolent 


50 


MICHIGAN STATE 


charitable, educational and scientific institutions, but not fra¬ 
ternal or secret societies; houses of worship and parsonages; 
burial grounds ; property of persons who by reason of pov¬ 
erty are unable to pay; property that pays specific taxes; 
property of agricultural societies, state or county, used for 
fair purposes; parks and monument grounds; armories be¬ 
longing to military organizations. 

(b) Personal.—Property of organizations whose real 
estate is exempt; posts of the Grand Army of the Republic 
and similar organizations; household furniture, provisions 
and fuel to the value of five hundred dollars; library, family 
pictures and wearing apparel; mechanic’s tools not to exceed 
in value the sum of one hundred dollars; fire extinguishing 
apparatus; horses and cattle not over one year old and sheep 
and swine not over six months old, personal property used 
in connection with one’s business of the value of two hundred 
dollars. 

Equalization by Counties.—The board of supervisors of 
each county at the October 1 session of each year examines 
the assessment rolls of the several townships and wards and 
ascertains whether the relative valuation of the real prop¬ 
erty has been equally and uniformly estimated. If not 
deemed uniform the board may equalize the valuations by 
adding or deducting from any township or ward such 
amount as it deems necessary to make the valuations equal 
and uniform. No change is made in the personal assess¬ 
ment or of any individual assessment. Upon these, the 
equalized valuations, the apportionment of state and county 
tax is made. The supervisor does not, however, change his 


1 A meeting of the board is held each year that ends in one and six, as 
1901, 1906, 1911, on the fourth Monday of June, to equalize the assessment 
rolls. _ This is for the purpose of furnishing the data for the State Board of 
Equalization which meets once in five years. Local act 361 of 1897 provid's 
that in Bay county the meeting shall be on the third Monday of July, 1901, 
and every fifth year thereafter. 



AND LOCAL GOVERNMENT. 


51 


rolls and the tax is spread based on the original valuation. 

State Board of Equalization.—This board is composed 
of the lieutenant governor, auditor general, secretary of state, 
state treasurer and commissioner of the land office. The 
board meets at Lansing on the third Monday of August 
every fifth year (years ending in one or six, as 1901-1906- 
1911). Tabular statements prepared by the clerks of the 
boards of supervisors of the several counties are examined 
and representatives of any county are listened to or evidence 
submitted considered, after which the relative valuation of 
the several counties is fixed. This valuation is the basis 
upon which the auditor general apportions the state taxes 
for the ensuing five years. 

Collection of Taxes.—The supervisor reports to the treas¬ 
urer on or before November fifth, the amount of state and 
county taxes apportioned to his township. On or before 
November twenty-eighth the township or city treasurer gives 
to the county treasurer a bond with sufficient sureties to 
double the amount of state and county taxes. This bond is 
filed with the county treasurer, who issues a receipt there¬ 
for, which is given to the supervisor upon the delivery of 
“the tax roll/’ 

On or before December first, the assessment roll shall be 
delivered by the supervisor to the treasurer with a warrant 
attached commanding him to collect the several sums given 
in the last column. A detailed statement of all the taxes to 
be raised is prepared by the supervisor and given to the 
clerk who charges the several sums to the treasurer. After 
collecting, the treasurer retains the money belonging to 
the township and pays the amounts collected for county and 
state purposes over to the county treasurer—all taxes shall 
be collected before March first. The treasurer shall remain 
in his office every Friday during the month of December. 


52 


MICHIGAN STATE 


On all taxes paid before January tenth he adds one per cent 
for collection fees, after that date he adds four per cent. 

Delinquent Taxes.—(a) On Personal Property.—If 
the taxes are not paid on personal property the treasurer 
shall seize the property to an amount sufficient to pay such 
tax, fees and charges for subsequent sale. After five days’ 
notice, the property may be sold. If more should be realized 
from the sale than is required to meet the treasurer’s claims 
the balance shall be returned to the owner. In case property 
is removed frofn the township it may be seized in any town¬ 
ship or city of the state to which it has been taken. 

(b) On Real Estate.—If the treasurer is unable to col¬ 
lect the taxes on real property he makes within one week a 
statement with a full and perfect description of the property 
and the several taxes unpaid to the county treasurer. After 
a verification of the statement by comparing with the tax 
roll the county treasurer gives to the township treasurer a 
receipt for all money received, a statement of all taxes 
rejected by him, the amount of delinquent taxes returned 
and the amount of any unpaid tastes on personal property. 
The county treasurer endorses the fact of such settlement 
on the bond of the township or city treasurer which consti¬ 
tutes a discharge of the treasurer and his sureties from the 
obligation of the bond. 

The county treasurer makes a complete record of all un¬ 
paid taxes with a list of the lands on which the same are 
delinquent on books prepared for the purpose, transmitting 
a transcript of the record to the auditor general by May 
first. After the return of the unpaid taxes they may be paid 
to the county treasurer who will issue duplicate receipts 
countersigned by the county clerk, who will forward one to 
the auditor general. 

Sale, Redemption and Conveyance of Delinquent Tax 
Lands.—All lands which have been returned to the auditor 


AND LOCAL GOVERNMENT. 


53 


general as delinquent for taxes and upon which any taxes 
have remained unpaid for one year or more are subject to 
sale for enforcement and collection of the tax. Sometime 
before the annual tax sale the auditor general files with the 
county clerk of each county, in which lands are to be sold, 
a petition addressed to the circuit court in chancery praying 
a decree in favor of the state against the lands on which 
taxes are due for the payment of same, and in default thereof 
the land be sold. This petition is presented to the circuit 
judge whose duty it is to make an order for a hearing. The 
petition and the order are published at least once a week for 
four weeks in some paper published in the county where 
the petition is filed. The auditor general selects the papers 
for advertising. At least ten days before the time fixed for 
the sale a final decree is made by the court in favor of the 
state for taxes, interest and charges as may be valid against 
each parcel of land. 

On the first Tuesday of May at ten o’clock a. m., the 
county treasurer commences the sale of the lands mentioned 
in the decree at the county seat, selling each parcel sepa¬ 
rately. The treasurer issues a certificate of sale to each pur¬ 
chaser which is exchanged for a tax-deed issued by the au¬ 
ditor general if the land is not redeemed by the owner before 
the first day of the next sale. Any person owning any lands 
sold may at any time before the first Tuesday in May follow¬ 
ing the sale redeem the land by paying to the county treas¬ 
urer or auditor general the amount of the sale and interest 
from date of sale, when a redemption certificate will be 
issued. 

In case a parcel of land cannot be sold the treasurer bids 
off the land in the name of the state, and reports back to 
the auditor general. These lands are listed separately 
but are again oflferecl for sale and sold the same as other 
lands. After being delinquent for taxes five years state tax 


54 


MICHIGAN STATE 


lands are deemed abandoned and are turned over to the 
commissioner of the state land office as homestead lands. 

Suggestions and Material. 

If convenient secure a talk before your class from your 
supervisor or someone who has served in that office on the 
manner of making the assessment. 

An interesting study may be made of the relative valua¬ 
tions of neighboring townships or wards as compared with 
the one in which you live. Account for the difference. 

Similar comparisons may be made of the valuations of 
school districts and the amounts expended in these districts 
for the support of schools. Consult the supervisor for these 
figures. 

Children may be encouraged to bring old tax receipts from 
their homes. Review land descriptions. Note the relative 
amounts of the different tax items. Which is largest? 
Which is smallest? 

Discuss one by one the reasons for exempting the differ¬ 
ent items mentioned from taxation. 

Make a tax table showing how the roll is made out. 

Secure a tax sale list from the newspaper at the time of 
publication and preserve for reference. 

Questions on the Text. 

When and by whom is the assessment made? 

What facts do the rolls show? 

How is the amount of school tax determined? 

How does the supervisor learn the amount of the school 
tax? 

What is done in fractional districts? 

How is the amount of township tax determined ? 

How much money may a township raise annually? 


AND LOCAL GOVERNMENT. 


What is dog tax and why is it raised ? How much is it ? 
How is it disposed of? 

How does the supervisor learn the amount of county and 
state tax apportioned to his township? 

What is highway tax and how is it determined? 

Name all the taxes one is called upon to pay. 

Who apportions the state tax ? How ? 

How is the roll made out? 

What property is exempt from taxation? 

When and how are the township valuations equalized? 
Which valuation does the supervisor use in spreading the 
tax ? 

What is the purpose of the county equalization? 

When and bv whom is the state equalization made? 
When does the township treasurer receive the roll? 
When and where may taxes be paid? 

How is the township and county protected? 

How does the treasurer dispose of the taxes collected? 
What action is taken if taxes on personal property is not 
paid ? 

When and how is the treasurer released from his bond ? 

Is there any opportunity to pay a tax after it has been 
returned to the county treasurer? 

What disposition is made of unpaid taxes by the county 
treasurer ? 

Give the successive steps in the sale of lands for the taxes 
by the auditor general. 

When is the tax sale held ? 

What final disposition is made of lands that cannot be sold 
by the auditor general ? 

Home Study Questions. 

What is personal property? Real estate? 

Give several examples of each kind of property. 


56 


MICHIGAN STATE 


How much money is raised by tax in your districts for 
school purposes? 

What are the different sources of school support ? 

What is the value of the personal property in your town¬ 
ship or ward? 

What is the value of the real estate in your township or 
ward ? 

Find by inquiry how real estate sells compared with its 
assessed valuation. 

What is the rate of taxation in your township or city? 

Is it increasing or decreasing ? Why ? 

What are taxes? Why are they necessary? 

Are taxes considered a burden? Why? 

Does any one escape taxation? 

What are direct taxes? Indirect? 

Are the benefits received in proportion to the amount paid ? 



ZACHARIAH CHANDLER. 

(See p. 230, Hemans’ History of Michigan.) 







AND LOCAL GOVERNMENT. 


57 


CHAPTER VIII. 

VILLAGES. 

Incorporation.—Any part of a township or townships not 
included in any incorporated village, containing an area of 
not less than one square mile and a resident population of 
not less than three hundred persons, may be incorporated 
as a village. Application is to be made to the board of super¬ 
visors of the county by not less than twenty-five legal voters 
residing within the territory. It is required that a census be 
taken within sixty days previous to making the application, 
and that four weeks’ notice shall be given of the intended 
application by posting notices and by publishing in news¬ 
papers. The board of supervisors shall hear all parties inter¬ 
ested, and having become satisfied that all legal requirements 
have been complied with, may make an order declaring the 
territory an incorporated village by the name specified in 
the application or designated by the board. 

Officers.—There shall be elected in each village a presi¬ 
dent, six trustees, a clerk, assessor and treasurer, who shall 
be ex officio collector and shall not be eligible to the office 
more than two successive terms. The term in each case 
shall be one year, excepting of the trustees, which shall be 
two years, three being elected each year. 

The president appoints a marshal, a street commissioner 
and other officers as may be provided for by the village 
council. 

Vacancies in elective offices shall be filled by the council, 
in appointive offices by the president. 

Elections.—The annual election occurs on the second 


58 


MICHIGAN STATE 


Monday in March. Special elections may be called by the 
council as may be necessary. The president, clerk and two 
trustees or any four trustees to be appointed by the council 
shall be the inspectors of election. The council appoints a 
non-partisan board of three election commissioners to pre¬ 
pare and print the ballots. The elections shall be conducted 
in the same manner as general state elections. The council 
meets on Thursday following the election and determines 
the results. In case of a tie the council makes a choice by 
lot. A village having more than six hundred fifty electors 
may be divided into two or more voting precincts. 

Duties of Officers.—(a) President.—The president is 
the chief executive officer of the village. He presides at all 
meetings of the council, but votes only in case of a tie. He 
is a conservator of the peace and may exercise within the 
village, the power of sheriff to suppress disorder. The coun¬ 
cil elects a president pro tern to preside in the absence of the 
president. 

(b) Clerk.—The clerk keeps the records of the village 
council and is custodian of the corporation seal and all books 
and papers belonging to the village. The clerk is accountant 
of the village and draws orders on the treasurer for all 
claims after they have been allowed by the council. 

(c) Treasurer.—The treasurer shall have the custody of 
all money belonging to the village, paying out the same upon 
the order of the clerk and president and keep an account of 
all receipts and expenditures. He shall collect all taxes 
raised. 

(d) Assessor.—The assessor makes a!n assessment roll for 
the village at the same time and in the same manner and 
form, as the supervisor for the township. The assessor and 
two other electors appointed by the council act as board of re¬ 
view. After the rolls have been certified to by the council the 
assessor apportions and extends the taxes and delivers the 



AND LOCAL GOVERNMENT. 


59 


same to the treasurer not later than the first Monday in May. 
The time for the collection is set by the president, but shall 
not be extended later than the third Monday of October. 

(e) Marshal.—The marshal is the chief of police under 
the direction of the president and council. He is to see that 
all regulations of the council for the preservation of good 
order and for the safety and protection of the inhabitants of 
the village are strictly enforced. He is paid the same fees 
as constables for similar services. 

(f) Street Commissioner.—It is the duty of the street 
commissioner to perform or direct all labor, repairs and im¬ 
provements upon the streets, sidewalks and other public 
works as the council shall direct to be done. The offices of 
marshal and street commissioner may be, and frequently are 
combined. 

Village Council.—The council is the legislative body of a 
village and consists of the six trustees and the president. 
The council holds regular meetings at least once a month 
which are open to the public. At least four trustees must be 
present in order to transact business. The council audits and 
allows all accounts against the village. 

One of the chief duties of the council is the enactment of 
regulations or laws called “ordinances.” These relate to a 
very great variety of subjects prescribed by law, such as 
gambling, public health, saloons, shows, fire department, fast 
driving, building restrictions, support of the poor and many 
others. 

Miscellaneous.—Any village having a population of five 
hundred or over may construct and maintain water works, 
both for ordinary use and for fire protection, and such a vil¬ 
lage may also provide for gas, electric or other lights, Any 
village may provide such public buildings and grounds and 
parks as may be necessary or convenient for the public good. 
Any village may acquire and own a cemetery, either within 


60 


MICHIGAN STATE 


or without the limits of the village, as the council deems 
necessary for the public welfare. 

Suggestions and Material. 

The method of study of this topic may vary depending 
on the location of the school. If in a village a copy of the 
charter and ordinances should be secured. 

Draw a map of your village. 

Make a roster of the village officers. 

Ascertain local conditions by conversation with village 
officers or other well-informed citizens. 

Questions on the Text. 

When may a village become incorporated? 

What are the steps in the process of incorporation? 

Name the elective village officers. The appointive. 

What is the term of each ? 

How are vacancies filled? 

When does the village election occur ? 

How is it conducted? 

Who constitutes the board of canvassers? 

What are the duties of the village president? Clerk? 
Treasurer? Marshal? Street commissioner?. 

Who compose the village council? 

How is the council conducted? 

What are ordinances ? 

What are some of the subjects of village legislation? 
What public improvements may villages undertake? 

Home Study Questions. 

When was your village settled? When incorporated? 
What is the origin of the name of the village? 

What led to its location and settlement ? 


AND LOCAL GOVERNMENT. 


61 


Who have been prominent in its affairs? 

Name the incorporated villages of the county. 

What is the area and population of your village? 

What things are prohibited by ordinances in your village? 

What if any legislation in your village as to sidewalks, 
streets, bicycle riding, shows, fast driving? 

What are licenses and of whom obtained ? 

Why should licenses be necessary? 

In what is the village legislative, executive and judicial 
functions vested? 

If a person should be injured in a defective sidewalk could 
he collect damages? How? 

5 



AUSTIN BLAIR. 


(See p. ii7, Hemans’ History of Michigan.) 








62 


MICHIGAN STATE 


CHAPTER IX. 

CITIES. 

Incorporation.—All cities are created by the legislature, 
either by special act or under the provisions of a ''blanket 
charter,” an act passed in 1895, entitled "An act to provide 
for the incorporation of cities of the fourth class.” 1 Cities 
of the fourth class are those containing a population not 
exceeding ten thousand. Any incorporated village of not 
less than three thousand 2 population may incorporate as a 
city of the fourth class upon the application of one hundred 
or more freeholders to the village council by whom the ques¬ 
tion is submitted to a vote of the electors of the village. A 
declaration of incorporation by the council is filed with the 
county clerk and secretary of state. The village officers 
and council continue in office until the city officials are 
elected. 

Wards.—The village council divides the newly incor¬ 
porated city into wards. If the population is less than five 
thousand there, may be three wards; if five thousand or 
upwards four wards and an additional ward for every addi¬ 
tional two thousand inhabitants above five thousand and up 


a In 1895 there was a commission appointed to draft general laws pertaining 
to cities. That commission drafted bills for first, second, third and fourth 
class cities and a general village law. The bills pertaining to cities of the 
first, second and third class failed to pass; the bill relative to cities of the 
fourth class passed, and also the bill relative to villages. There are therefore 
no cities of the first, second and third class and those that do not come under 
the four class city act, have special charters granted by the legislature. For 
list of cities of fourth class see Michigan Manual for 1903, page 319. 

2 Some cities of the fourth class have less than three thousand population but 
these were incorporated previous to 1895, and simply voted to come under the 
provisions of the general act. 





AND LOCAL GOVERNMENT. 


63 


to ten thousand. Ward boundaries are changed only by the 
legislature. 1 

Officers.—The officers to be elected by the whole city are 
mayor, clerk, treasurer and two justices of the peace; by 
each ward, a supervisor, two aldermen and a constable. If 
a city under this act has but two wards it may provide for 
the election of two aldermen at large. The mayor appoints 
on the first Monday of May each year, by and with the con¬ 
sent of the council, a citv attorney, marshal, street commis¬ 
sioner, surveyor, a city assessor when provided for, a chief 
engineer of the fire department, and other officers that may 
be provided for by city ordinance. Aldermen are elected for 
two years. Justices of the peace for four years, and all the 
others, elective or appointive officers, are for a term of one 
year. The elective officers enter upon their duties the second 
Monday in April. 

Elections.—The annual city election is held the first Mon¬ 
day in April, in places designated by this council. 

The aldermen of each ward shall constitute the board of 
registration. A board of three election commissioners is 
appointed by the council ten days previous to any election 
with duties same as under general election laws. The super¬ 
visor and two aldermen of each ward and one elector 
appointed by the council constitute the board of election 
inspectors. The inspectors organize by electing a president 
and clerk. The polls open at seven o’clock a. m., and close 
at five o’clock p. m. Proclamation is made upon opening 
the polls and upon closing, also one hour, thirty minutes and 
fifteen respectively before closing. When any ward casts 
three hundred votes the council shall divide the ward 
into two or more voting districts. The council convenes on 
Thursday following election and determines the results. 


, Cities that had more wards than entitled to by its population when coming 
under the provisions of this act were not required to diminish the number. 



64 


MICHIGAN STATE 


Persons elected are notified in writing within five days by 
the city clerk. 

Duties of Officers.—(a) Mayor.—The mayor is the chief 
executive officer of the city. He presides over the.council, 



A TYPICAL CITY BUILDING. 

giving information as to the affairs of the city and recom¬ 
mending such measures as he deems expedient. It is his 
duty to have supervision over all departments of city govern¬ 
ment and see that all laws relating to the city and the ordi- 













AND LOCAL GOVERNMENT. 


65 


nances and regulations of the council are enforced. He is a 
conservator of the peace and may exercise within the city 
the power of a sheriff in suppressing disorder. The presi¬ 
dent pro tcm. of the council performs the duties of mayor in 
case of absence or disability of the mayor. 

(b) Clerk.—The clerk is clerk of the council and keeper 
of the corporate seal and all papers, bonds and records of 
the city. He is general accountant of the city. All claims 
against the city are filed with him and when ordered by the 
council he draws orders upon the treasurer in payment of 
same. He keeps an account with the treasurer, making a 
report to the council when required of the financial condi¬ 
tion of the city. 

(c) Treasurer.—The treasurer has custody of all moneys, 
bonds, mortgages and notes belonging to the city. He is 
the collector of all taxes levied within the city. He reports 
to the clerk each month and to the council annually, or 
oftener if required, the amounts received and paid out by 
him. 1 

(d) Marshal.—The marshal is chief of police, and under 
the direction of the mayor is to see that quiet and good order 
are preserved. It is his duty to arrest all disorderly persons 
and may command aid of citizens in the performance of his 
duty. 

In most smaller cities the duties of street commissioner 
are conferred upon the marshal. In this connection it is his 
duty to perform or cause to be performed all work ordered 
by the council upon highways, streets, walks, bridges, pub¬ 
lic grounds or parks. 

(e) Attorney.—The city attorney is the legal adviser of 
the council and all city officers, and acts for the city in all 

1 The justices of the peace, constables and supervisors have the same duties 
within the city and their respective wards as have these officers under the 
general laws in the townships. 



66 


MICHIGAN STATE 


legal proceedings in which the city is interested. He prose¬ 
cutes all violations of the city ordinances. 

(f) Surveyor.—The duties of city surveyor within the 
city are similar to those of the county surveyor. He makes 
all necessary plats, maps, surveys required by the council 
relating to the public improvements, buildings, grounds and 
streets of the city. 

City Council.—The legislative authority of the city is 
vested in a council consisting of the mayor, two aldermen 
from each ward and the city clerk. The mayor is president 
of the council, but has no vote except in case of a tie. The 
city clerk is clerk of the council, but has no vote. Regular 
meetings of the council are required to be held at least twice 
each month, but are usually held each week. The attendance 
of all members is compulsory. All sessions of the council 
are public and the proceedings are published in one of the 
newspapers of the city. 

Departments.—(a) Police.—The council may provide 
by ordinance for a police force, and the mayor may appoint 
such number of policemen and night watchmen as may be 
deemed necessary for the good government of the city. 
Special policemen may be appointed in an emergency. The 
marshal is chief of police. 

(b) Water Works.—Any city may purchase or construct 
a system of water works. Upon a two-thirds vote of all the 
electors of the city, money may be borrowed to an amount 
not exceeding five per cent of the assessed valuation of the 
city for such purpose. 

(c) Lighting.—Any city may purchase or construct and 
operate a plant in connection with or independent of the 
water works for supplying gas, electric or other lights. 
Money may be raised under same conditions as for water 
works. 

(d) Fire Department.—The council may organize fire 





AND LOCAL GOVERNMENT. 


67 


companies, purchase necessary apparatus, provide suitable 
buildings for keeping the equipment and appoint firemen. 
The engineer shall be the chief of the fire department.. The 
council may provide for and appoint fire wardens to examine 
all heating apparatus and all places where combustible or 
explosive substances are kept and cause, if necessary, all 
such to be made safe as respects to fire. The council may. 
prescribe fire limits within which wooden buildings shall 
not be erected, and direct the manner of constructing 
buildings within such districts. Owners of buildings may 
be compelled to provide fire escapes. The council may pass 
and enforce all ordinances and regulations necessary for 
the prevention and suppression of fires. 

(e) Board of F > ublic Works.—A non-partisan board of 
public works, consisting of five members, shall be appointed 
by the mayor, one each year for the term of five years, to 
serve without compensation. One of their own number 
shall be elected president, and the city clerk shall be ex officio 
clerk of the board. This board shall have charge, subject 
to the direction of the council, of the construction, manage¬ 
ment, supervision and control of the city water works, elec¬ 
tric or other lighting plants, sewers and such other public 
improvements or works as the council may place under their 
management. 

Suggestions and Material. 

Classes in rural schools will not he interested in making 
as close study of city g6vernment, but should be able to see 
some of the differences between city and country life as 
shown in building restrictions, disposal of garbage, inspec¬ 
tion of milk and meat and other restrictions. 

City classes and others may secure a city charter and a 
printed copy of the ordinances. It is not so important to 
learn particular facts as to different items of city legislation 


68 


MICHIGAN STATE 


as to discover the nature of the subjects and the principles 
underlying the administration of municipal affairs. 

A general study of city government, as illustrated in the 
great cities, will be profitable and interesting. The danger¬ 
ous tendency of the population to center in cities and the 
relative decrease of rural population may be seen. 

Questions on the Text. 

When may a village be incorporated as a city ? 

What are the two methods of incorporation? 

What are cities of the fourth class? 

What about cities of the first, second and third classes ? 

How many and what are the divisions of a city? 

Name the city officers. The ward officers. 

What is the term of the city officers? Members of the 
council ? 

When does the city election occur ? When are the 
appointive officers named? 

Who are the city election officials? 

Give the duties of the mayor, clerk, treasurer, marshal, 
attorney, surveyor. 

Who compose the city council? 

How is the council organized and its business transacted ? 

Name the city departments. 

What is said of the police department? Water works? 
Fire department? Board of public works? 

Home Study Questions. 

Is your city (or nearest one to you) incorporated under a 
special act or under the blanket charter ? 

What is its population ? 

Is the population increasing or decreasing? Why? 

When was it incorporated ? 


AND LOCAL GOVERNMENT. 


69 


Has the name ever been changed ? , 

What is the origin of the name ? 

Make a list of the mayors since the incorporation. 

How many wards in your city? In Detroit? 

What is a voting precinct ? 

Do city officers receive any compensation ? 

What is meant by municipal ownership ? 

Can you give some illustrations? 

Which is better, private or public ownership of water 
works, lighting and other plants? 

What are fire wardens ? Wfiy are they necessarv ? 

Could a man move a building through a city street? 
Could material to be used in a new building be piled in 
the street? 

What is meant by city limits?. 



ALPHEUS FELCH. 

(Sec p. 187, Hemans' History of Michigan.) 








70 


MICHIGAN STATE 


CHAPTER X. 

COUNTIES. 

Organization. 1 — There is no territory in the state today 
not organized tinder county government, although a num¬ 
ber of the northern counties have unorganized townships 
owing to the lack of population. Township organization is 
necessary to county organization. No county can be com¬ 
pletely organized without more than one township. A county 
is organized when it has the townships and township officers 
to carry into effect the legislative and administrative func¬ 
tions belonging to it. Each organized county is a body 
corporate. No county shall be reduced to less than sixteen 
townships unless a majority of the resident electors so 
decide, and the boundaries of the several counties shall 
remain as now established unless changed by the legislature. 

County Seat and Buildings. —By act of congress of 1836 
the board of supervisors were permitted to preempt a quar¬ 
ter section of land for seat of justice, paying two hundred 
dollars therefor. Each county has a county seat and the only 
question to arise now is change of location. The board of 
supervisors may by a two-thirds vote of all the members 
elect submit a proposition for removal to a vote of the peo¬ 
ple, and if carried by a majority vote such change of loca- 

1 The county of Wayne was organized August 18, 1796, and included 

nearly all the present State of Michigan and a portion of Ohio and Indiana. 
The county was reorganized November 21, 1815, by General Cass. Monroe 
county was organized July 14, 1817, in anticipation of President Monroe’s 
visit, which occurred the following month. Macomb was established January 
15, 1818. In 18 22 six new counties, Lapeer, Sanilac, Saginaw, Shiawassee, 
Washtenaw and Lenawee, were established. In 1829 a large number were 
established arid organization and reorganization has proceeded up to the present. 
Each county provides a court house, jail, fire-proof offices and all other neces- 
*ai y public buildings. 





AND LOCAL GOVERNMENT. 


71 



tion shall be made. The vote shall be taken at the annual 
town meeting and shall be preceded by public notices, 
naming the place which has been designated. 


A TYPICAL COUNTY BUILDING. 

County Officers.—The following county officers are 
elected for two years each, sheriff, clerk, treasurer, register 
of deeds, prosecuting attorney, surveyor, two coroners and 
a circuit court commissioner (in counties of more than 
20,000 population two commissioners) and a judge of pro¬ 
bate and school commissioner for four years. One or more 
notaries public are appointed by the governor for four years 















72 


MICHIGAN STATE 


and two school examiners for two years and three 1 superin¬ 
tendents of the poor for three years by the board of super¬ 
visors. The sheriff, clerk, treasurer, register of deeds and 
judge of probate must maintain their offices at the county 
seat. 

The board of supervisors may unite the offices of clerk 
and register of deeds in one office or disconnect the same. 2 
The governor may remove any county officer for sufficient 
cause. The county officers assume the duties of their office 
January first following their election. Local act 294 of 1895 
provides that the term of the treasurer of Wayne county 
shall begin on the first day of July next succeeding his 
election. 

(a) Sheriff.—The sheriff 3 is the chief executive officer 
of the county. He gives bonds to the penal sum of ten 
thousand dollars, with not less than three sureties, and is 
personally responsible for his own acts. The sheriff has 
charge of the jail and the prisoners in the same. He shall 
serve or execute all writs, precepts and orders issued to 
him by lawful authority. The sheriff appoints an under 
sheriff and one or more deputies to hold office at his pleas¬ 
ure, and for whose official acts he is responsible. 

A sheriff or deputy, as well as constable, may call assist¬ 
ance when required in the securing of a person for felony 
or breach of the peace or in preserving the peace. The 
under sheriff executes the office of sheriff whenever a va¬ 
cancy occurs until a sheriff shall be elected. The sheriff’s 
compensation is, in the lower penisula, entirely by fees, in the 
upper by a salary fixed by the board of supervisors. A per¬ 
son cannot hold the office longer than four years in any six. 

1 Wayne county has seven. 

2 The following counties have the offices united (1901): Baraga, Clare, Ke¬ 
weenaw, Lake, Luce, Menominee, Missaukee, Ontonagon, Oscoda, Roscommon, 
Schoolcraft. 

“The word sheriff comes from the Saxon words "shire” and “reeve.” The 
shire-reeve or sheriff being the chief officer of the English shire or county. 



AND LOCAL GOVERNMENT. 


73 


(b) Clerk.—The county clerk is clerk of the circuit court 
and has the custody of the seals, books and papers of the 
court. He is also clerk of the board of supervisors and has 
charge of the books, records and accounts of the board. 
Marriage licenses and licenses for hunting deer are obtained 
of the clerk. He keeps a record 1 of births, deaths and mar¬ 
riages and reports same to the secretary of state. He 
appoints one or more deputies and designates one as his suc¬ 
cessor in case of vacancy. He gives a bond of two thousand 
dollars. He receives a salary fixed by the board of super¬ 
visors and certain fees in addition. 

(c) Treasurer.—The county treasurer receives all moneys 
belonging to the county, paying it out on order 2 of the board 
of supervisors signed by the clerk. He is required to give 
a bond to the county of such amount as may be fixed by the 
board of supervisors by whom all the treasurer’s books and 
accounts are audited once a year, and a bond to the state of 
such amount as fixed by the auditor general. Insurance 
of county buildings is made in the name of the treasurer 
by direction of the board of supervisors. He settles with 
the several township, treasurers and pays the state tax over 
to the state treasurer. The matters pertaining to delinquent 
taxes are conducted through this office, and the annual tax 
sale is conducted by the treasurer. He issues liquor licenses 
and furnishes certificates of taxes paid. A person can hold 
the office but four years in any six. He receives a salary 
fixed by the board of supervisors and a few fees. 

(d) Register of Deeds.—The register of deeds keeps a 
record of all real estate transfers, including deeds, mort- 

’These are called “Vital Statistics.” The record of marriages is made up 
from the returns made to the clerk by those who perform the ceremony; the 
record of deaths from returns made by the city and township clerks once a 
month; the record of births from returns made by the supervisors once a 
year. 

3 Salaries of county officers and orders of the drain commissioner, soldiers’ 
relief commission and superintendents of the poor are paid by the treasurer 
without the orders of the board of supervisors directly. 




74 


MICHIGAN STATE 


gages, village plats and land contracts in suitable books fur¬ 
nished by the county. For these and all papers recorded 
by the register he receives eleven cents for each folio (ioo 
words), and for copies of these records seven cents per folio. 
For recording papers in any other than the English language 
twenty cents a folio is allowed. Other fees are allowed for 
the various items transacted by the register. Each register 
has a seal which is placed upon every recorded instrument. 
In case of a vacancy in the office of register of deeds or 
inability of the register to act, the judge of probate may 
appoint some one to serve for the time being. 

(e) Prosecuting Attorney.— The prosecuting attorney 
appears for the county and prosecutes or defends all- suits, 
civil or criminal, to which the county may be a party. He 
prosecutes all criminal matters in behalf of the people and 
gives opinions and advice to the county officers when re¬ 
quested. He is-required to make a semi-annual report to the 
attorney general of the state, giving the amount and kind of 
official business transacted by him. The prosecutor may 
have assistance by direction of the court in special cases, 
and a few counties have regular assistant prosecuting attor¬ 
neys. 1 He receives a salary fixed by the board of super¬ 
visors. but must not take a fee for any business which it is 
his duty to perform. 

(f) Surveyor.— The county surveyor, in person or by 
deputy, makes such surveys within his county as may be 
required of him by any court or by any person. A record 
is made of each survey for permanent purposes in a suit¬ 
able book provided by the county, which is turned over to 
his successor with any other books or papers relating to his 
office. He receives a compensation of four dollars a day 
including time in traveling to be paid by the person for 
whom the service is rendered. 


J Bay, Jackson, Kalamazoo, Kent, Muskegon, Saginaw, St. Clair, Wayne. 




AND LOCAL GOVERNMENT. 


75 


(g) Coroners. —Two coroners in each county determine 
the cause of sudden, violent and suspicious deaths. Six 
good and lawful men are summoned to act as a jury, and 
after taking an oath view the dead body. Witnesses are 
summoned and a post mortem examination may be made. 
The inquest may be adjourned from time to time for carry¬ 
ing out these plans. After the inspection, hearing the tes¬ 
timony and making all needful inquiries the jury draws up 
the inquisition in which they certify where, in what manner, 
and by what means deceased came to his death. If it appears 
that he came to his death by unlawful means the jurors shall 
state, if known, who was guilty or were in any manner con¬ 
cerned with his death. Upon the request of five citizens a 
justice of ihe peace may conduct an inquest in the same man¬ 
ner and form as a coroner. 

In case there is no sheriff or under sheriff the circuit 
judge may designate one of the coroners to perform the 
duties of sheriff, and when the sheriff for any cause shall 
be committed to jail the coroner living nearest shall keep 
the jail. The coroner may also serve and execute any pro¬ 
cess when the sheriff is a party to or interested in the case. 

The coroners of Wayne county receive a salary fixed by 
the county board of auditors of not to exceed twelve hun¬ 
dred dollars. In all other counties they receive fees. For 
viewing a dead body and conducting the inquest they receive 
three dollars with additional amounts for traveling, witnesses 
and the jury. 

(h) Circuit Court Commissioners. —The circuit court 
commissioner, who is required to be an attorney, is a sub¬ 
ordinate and an assistant to the circuit court and is author¬ 
ized to perform every act, power and trust which a judge 
of the circuit court may perform and execute out of court. 
They are paid by fees except in Wayne county, where they 
have a salary and are allowed clerks. 


76 


MICHIGAN STATE 


(i) Notaries Public. —Notaries public are appointed by 
the governor for a term of four years, and while they must 
reside in the county for which they are appointed, they may 
act in any part of the state, and the office is frequently con¬ 
sidered as a state rather than a county matter. Women may 
hold the office. A fee of one dollar and an indorsement is 
required with the application to the governor for appoint¬ 
ment. Notaries public take proof and acknowledgment of 
deeds, administer oaths, take affidavits in any matter, protest 
the non-payment of notes and perform other duties as 
required by statute. They are paid fees. 

(j) Judge of Probate . 1 —The judge of probate must 
reside within the county for which he is elected, but he is in 
no sense a county officer. He exercises a state power. The 
probate court has no regular terms, but is always deemed 
open. This court has in charge the affairs of helpless people. 
The probate of wills is taken, estates administered, guardians 
to minors appointed, insane persons committed to the asy¬ 
lums, dependent children sent to the state public school. 

(k) Drain Commissioner. —Each organized county has 
one drain commissioner elected by the people for a term 
of four years. It is the duty of the commissioner to locate, 
construct and maintain drains and water courses which may 
be cleaned out, straightened, widened, deepened and ex¬ 
tended wherever the public welfare or health may require. 
The cost of such work shall be assessed by the commissioner 
upon the property benefited. The commissioner receives 
compensation as fixed by the board of supervisors. 

(l) Superintendents of the Poor. —There are three 
superintendents of the poor in each county elected by the 
board of supervisors, one each year, for a term of three 
years. The superintendents have charge of all the poor in 
their county. Their duty includes the care of the county 

’In counties having two hundred fifty thousand inhabitants there shall be 
two judges of probate elected at alternate biennial elections. 



AND LOCAL GOVERNMENT. 


77 


poor house, over which they appoint a keeper. The house is 
erected by the board of supervisors. A supervisor may grant 
temporary relief in cases of immediate need, but such amount 
shall not exceed twenty dollars in any one year. Compensa¬ 
tion of the superintendents is fixed by the board of super¬ 
visors, but it shall not be less than one dollar and fifty cents 
per day and actual and necessary expenses. 

(m) County School Examiners. —Two examiners elected 
by the board of supervisors, one each year, for a term of two 
years, with the school commissioner, constitute the county 
board of school examiners. The minimum qualifications for 
examiner are a second grade certificate and nine months’ ex¬ 
perience in teaching, or have the qualifications for commis¬ 
sioner, except the experience in teaching. The board of ex¬ 
aminers hold examinations for the licensing of teachers in 
the public schools. In case of vacancy, the judge of probate 
with the two remaining members of the board elect. The 
compensation is four dollars per day for each day employed. 

(n) School Commissioner. —The commissioner is the 
general executive educational officer in the county. He is 
required to have taught at least twelve months and hold an 
endorsed first grade certificate, or hold a state teachers’ cer¬ 
tificate, or endorsed state certificate, or be a graduate of the 
literary department of some reputable college, university or 
state normal school having a course of at least three years. 
He is a member of the board of examiners and as such ex¬ 
amines and licenses teachers. He visits the schools of the 
county and advises and assists the teachers and school officers 
in securing the best results. He conducts the state eighth 
grade examinations and examines candidates for admission 
to the Agricultural College. He receives the institute fees 
and is local conductor of the teachers’ institute. The salary 
depends on the number of school rooms in the county and 
is fixed by the board of supervisors and ranges from 


78 


MICHIGAN STATE 


$100.00 to $1,800.00. In case of a vacancy, a meeting of 
the board of supervisors is called by the county clerk, which 
meets within ten days and appoints a cpialified person to fill 
the unexpired term. 

Suggestions and Material. 

Use the map of Michigan. A county atlas and history 
will be found useful. One can usually be found upon in¬ 
quiry. County maps are frequently issued by business firms 
for advertising purposes. Get one. 

Obtain copies of an old deed and an old mortgage. Legal 
blanks of all kinds can be purchased at stationery stores, 
newspaper offices and other places. These should be secured 
whenever they can be used for illustration. 

Make a roster of the county officers and their residences. 

. Questions on the Text. 

What is an organized county? 

What limit is placed on the size of counties? 

How is the county seat located and changed? 

What was the first county in Michigan? 

What public buildings are located at the county seat? 

Name the county officers and give the term of each. 

Which of the officers are required to reside at the county 
seat ? 

What county offices may be united? 

Are they so united in your county? 

What officers are elected by the board of supervisors? 

What are the duties of sheriff? 

What limitations on the sheriff’s term of office? 

How is the sheriff paid? 

Who succeeds the sheriff in case of vacancy? 

What are the duties of county clerk? 


AND LOCAL GOVERNMENT. 


79 


What are included under vital statistics? 

What are the* duties of treasurer ? 

What limitations on the time he can serve? 

What are the duties of the register of deeds? 

How is he paid? Who pays for recording? 

What are the duties of prosecuting attorney? 

What are the duties of surveyor? How is he paid? 

How many coroners and how compensated? 

Give the manner of conducting a coroner’s inquest. 

Who may act for a coroner? 

How many circuit court commissioners? 

Who can serve? 

What are their functions? 

What are notaries public and what are their duties? 

Give the general duties of judge of probate. 

How is the drain commissioner chosen, and what are his 
duties ? 

How many superintendents of the poor and what are 
their duties? 

What are the qualifications for school examiner? 

How many are there and what are their duties? 

What are the qualifications for county school commis¬ 
sioner ? 

What are his duties and how is he paid? 

Home Study Questions. 

How many counties in Michigan? 

When was your county organized? 

How many townships in your county? 

Do all counties have the same number of townships ? 
Bound your county. 

Has the county seat ever been changed? 

What is the origin of the word “county”? 


80 


MICHIGAN STATE 


What is the origin of the name of your county? 

Find the origin of other county names, if .possible. 

What is the fee system? What can be said of it? 

Who would succeed the sheriff in case he was arrested 
for a crime or misdemeanor? 

How are county prisoners cared for? 

What evils may grow out of the care of prisoners in that 
way? 

What is a felony? What is a breach of the peace? 

What is the value of vital statistics ? 

What is the origin of the office of coroner? 

How many notaries public are there in a county ? 

What offices may women hold? 

What is the meaning of the word “probate”? 

What benefits have come to the state from the work of 
the drain commissioner? 



WILLIAM WOODBR1DGE. 

(See p. 179, Hemans’ History of Michigan.) 






AND LOCAL GOVERNMENT. 


81 


CHAPTER XI. 

BOARD OR SUPERVISORS. 

Meetings.— The board of supervisors constitutes the leg¬ 
islative department of the county, but has some executive 
functions. It exercises only such powers as are conferred 
by law. The annual meeting is held on the second Monday 
of October in each year at the court house. Special sessions 
may be held at the request of one-third of the supervisors and 
are so held in many counties regularly in January for ap¬ 
proving of county officers' bonds and transacting other neces¬ 
sary business. 

Organization.— The annual meeting is called to order by 
the county clerk. Following roll call, a temporary chairman 
is appointed, and then the permanent chairman is elected, 
who holds his office for one year. The county clerk is cx- 
oificio the clerk of the board. The business of the session 
is largely conducted through standing committees appointed 
by the chairman at the opening of the session. 

A majority constitutes a quorum to do business, and all 
questions are decided by a majority of members present, 
except upon the adoption of any resolution or allowance of 
claims, a majority of the members elect shall be necessary. 
All sessions are open to the public. 

Number. —There is one supervisor from each township 
and each ward of a city. In some cities an alderman acts as 
the representative of his ward on the board. City assessors 
in cities having this separate office are members of the board, 
as are mayors of cities and presidents of villages cx-oificio 
by charter provision or special legislative enactment. 


82 


MICHIGAN STATE 


Powers of Boards.—To purchase real estate and erect 
necessary buildings for court houses, poor houses, jails and 
offices, and to keep the same in repair. To borrow money 1 
or raise by tax any sum necessary for above purpose. To fix 
compensation of county officers’ services when not fixed by 
statute. To adjust all claims against the county, except in 
counties having a board of county auditors. To divide county 
into representative districts when a county is entitled to more 
than one. To elect school examiners and superintendents 
of the poor. To vacate, divide or alter in its bounds any 
township or erect new townships. To equalize the valuation 
of the several townships and wards, determine the amount 
of the county tax and apportion the state and county tax 
in the townships and wards. The proceedings are published 
either in county newspapers or in pamphlet form. 

Compensation.—Each member of the board receives three 
dollars per day for services and expenses in attending the 
sessions of the board, and six cents a mile traveling expenses 
for each mile traveled in going to or returning from the place 
of meeting. Compensation is limited to twelve days for a 
regular session, six days for an adjourned session, and three 
days for a special session, and there shall not be to exceed 
two special sessions in any official year. Supervisors may 
draw extra per diem when it is necessary for them to leave 
home the day before the meeting and cannot get home until 
the day following. Certain committee work is allowed extra 
compensation for services performed when the board is not 
in session. 


Section io. The board of supervisors of any county may in any one year 
levy a tax of one-tenth of one mill on the assessed valuation of said county 
for the construction or repair of public buildings or bridges, or may borrow 
an equal sum for such purposes; and, in any county where the assessed 
valuation is less than ten million dollars, the board may levy a tax or borrow 
for such purposes to the amount of one thousand dollars; but no greater sum 
shall be raised for such purposes in any county in any one year, unless sub¬ 
mitted to the electors of the county and approved by a majority of those voting 
thereon. 




AND LOCAL GOVERNMENT. 


83 


Board of Auditors.—Owing to the amount of business 
in counties having large cities and the consequent inability 
of the board of supervisors to accomplish the work within 
the limits of its session as well as the long delay of many 
claims incident to the infrequent meetings of the board, 
there have been established county boards of auditors. The 
boards of supervisors in these counties retain their duties i:i 
connection with taxation, but the others are mainly relegated 
to the board of auditors. The board in Wayne county is 
composed of three persons, one elected each year, for a term 
of three years, and two shall he residents of Detroit. The 
salary is fixed bv the judges of the circuit court and shall 
not exceed three thousand five hundred dollars per annum. 
The auditor whose term soonest expires is president of the 
board and a clerk is elected. Regular sessions are held at 
least twice each week. The principal duties are to adjust 
all claims against the county, to examine the books of county 
officers, to report to board of supervisors amount necessary 
to be raised by taxation, to negotiate bond sales for the 
county, to appoint many subordinate officers, to determine 
number of assistants in county offices, to procure all books, 
blanks and supplies for county offices and to procure plans 
and specifications and supervise the erection of any county 
buildings except such as the superintendents of the poor may 
construct. 

Suggestions and Material. 

The proceedings of the board are published either in news¬ 
papers or in pamphlet form. Copies of these should be 
secured and studied. These proceedings not only furnish 
data for the study of the work of the board but also the 
foundation for the work on taxation. 


84 


7 MICHIGAN STATE 

Questions on the Text. 

What is the legislative department of the county? 

When does the board of supervisors meet ? 

How is the board organized? 

How is its business conducted? 

Who compose the board of supervisors? 

What are the powers and duties of the board ? 

What compensation do members receive? 

What is the board of auditors? 

What duties does it perform ? 

What counties have such board? 

Home Study Questions. 

How many members of the board in your county? 

How is the number distributed? 

What are standing committees? 

What is a quorum? A majority? 

What are some of the claims against the county? 

Would a supervisor living at the county seat receive 
mileage ? 

How may a county have a board of auditors? 

What are the advantages of such a board? 


AND LOCAL GOVERNMENT. 


85 


CHAPTER XII. 

CIRCUIT COURT. 

Districts.—Tlie circuit court is not strictly a county court, 
although it is held in the court house at the county seat of 
each county in the state. 

The state is divided into thirty-eight judicial districts 
numbered consecutively. Each circuit is presided over bv 
one judge, with the exception of the third, Wayne county, 
which has six judges, and the tenth, Saginaw county, .the 
seventeenth, Kent county, and the thirty-first, St. Clair 
county, and the thirtieth, Ingham county, which have two 
judges each. In Ingham county circuit, court is held at 
Lansing alternate session with Mason, the county seat. 

Terms of Court.—It is required that four terms of the 
circuit court shall le held in each county in the cir¬ 
cuit. In counties containing seven thousand and upwards 
inhabitants, there shall be three terms and in counties having 
ten thousand and upwards four terms annually. The time 
of holding court is fixed by each judge on or before Novem¬ 
ber first for the two following years. Special terms may be 
ordered by a circuit judge if deemed necessary. 

Officers.—The county clerk is ex-officio clerk of the court. 
He keeps a record of the proceedings and is custodian of all 
the files, books and papers belonging to the court. The sheriff 
or one of his deputies opens and closes the sessions and car¬ 
ries out the orders of the court. 

The stenographer takes full stenographic notes of the 


86 


MICHIGAN STATE 


testimony and charge to the jury. The stenographer is ap¬ 
pointed by the governor upon the recommendation of the 
judge. He receives an annual salary and for transcripts 
of the record eight cents per folio. In circuits composed 
of more than one county the salary is apportioned to each 
on the basis of the number of suits commenced in the pre¬ 
ceding year. 

Jurisdiction. —The circuit court is the highest court of 
general original jurisdiction in the state. It has original 
and exclusive jurisdiction of all civil actions and remedies 
of whatever manner or description and of all prosecutions 
for crimes, misdemeanors and offenses, except in cases when 
jurisdiction shall be given to some other court, and his ap¬ 
pellate jurisdiction as provided bv law. (See also Section 
8 , Article VI, of the Constitution.) 

Return and Summoning of Jurors. —The supervisor and 
township clerk and the supervisor or assessor and aider- 
man of each ward in the city shall, at the time for the review 
of the assessment roll each year, make a list of persons to 
serve as jurors for the ensuing year. The persons so selected 
shall be assessed for taxes and shall not be exempt from 
serving. They shall be 'in the possession of their natural 
faculties, not infirm or decrepid, of good character, of ap¬ 
proved integrity, of sound judgment, well informed and 
conversant with the English language. No person who has 
made application or for whom application has been made 
can be returned as juror. The list shall contain one name 
for every one hundred inhabitants. Duplicate lists shall 
be sent to the county clerk and the township clerk or assessor 
of the ward. 

. At least fourteen days before the opening of court the 
county clerk shall summon the sheriff and two justices to 
witness and assist in drawing a jury by whom the names 
of twenty-four persons and any additional number, not ex- 


AND LOCAL GOVERNMENT. 


.97 


ceeding twenty-four, that may be ordered by the court, shall 
be drawn. 

The drawing is conducted by the clerk by whom the 
names returned to him have been written upon separate 
slips of paper alike in size and appearance, those from each 
township or ward being placed in separate packages and 
numbered. The names from the first package are placed in 
a box and the slips mixed and one drawn out and handed 
to one of the officers, who makes a record of the name and 
residence. The remaining slips are removed from the box 
and those in the second package placed in the box and a 
name drawn. In similar manner the drawing proceeds until 
the required number is drawn. The clerk keeps a record of 
the package from which the last name was drawn and begins 
with the next in numerical order at the succeeding drawing. 

The list is then signed by the clerk and attending officers 
and filed in the clerk's office and a certified copy given the 
sheriff. The sheriff summons the jury panel by giving per¬ 
sonal notice to each one or by leaving a written notice at 
his residence at least six days before the setting of court and 
returns the list to the court at the opening. A juror neg¬ 
lecting to attend without a reasonable excuse is liable to a 
fine of not exceeding twenty dollars a day. 

Among those exempt from jury service are all United 
States officers, most state and county officers, judicial officers, 
attorneys, officers of the university and . of colleges and 
academies, settled ministers, firemen and all persons over 
sixty years of age. The court may excuse a juror because 
of any of the above provisions or when it appears that a 
juror drawn is a practicing physician or surgeon, that he is 
a teacher in any school or when the public interests or his 
individual interests will be injured or that his own health 
or that of any member of his family requires his absence. 

In the upper peninsula the county clerk, judge of pro- 


ss 


MICHIGAN STATE 


bate, sheriff and treasurer of each county selects the names 
of persons to serve as jurors. This board meets in May each 
year at the court house and selects from the poll lists of each 
township and ward names of suitable persons. It is not re¬ 
quired that they be taxpayers or that their names appear on 
the assessment roll. The list is filed with the county clerk 
and arranged by townships and wards for drawing as in the 
lower peninsula. In Saginaw, Wayne, Macomb and St. Clair 
counties jurors are selected by boards of jury commissioners. 
The board for each county was organized under different 
legislative' acts which should be consulted by those interested 
in the details for those counties. 

The Calendar. —Previous to each term the clerk prepares 
a calendar of cases for the term arranged, as follows: (i) 
Criminal cases. (2) Jury civil cases. (3) Non-jury civil 
cases. (4) Issues of law. (5) Chancery cases. These are 
printed and distributed among the members of the bar of 
the county. Blank spaces are provided in which may be 
written the date of the trial, disposition of the case or other 
memoranda. 


Suggestions and Material. 

Use the Michigan Manual for map of judicial circuits; 
also, the same for name of court and other information. See 
“Judicial System of Michigan” for historical sketch. 

Secure a copy of a circuit court calendar. 

Questions on the Text. 

What is the circuit court ? 

How many judicial circuits are there in the state? 

Which circuits have more than one judge? Why? 

What arrangements prevail in Ingham county? 

When is court held on each circuit? How determined? 


89 


AND LOCAL GOVERNMENT. 

Name the officers of the court. 

What is the jurisdiction of the circuit court? 

Who are eligible to serve on a jury? 

By whom is the list of names prepared ? 

Where is the jury drawn? 

How many names are drawn ? 

Who conducts the drawing ? 

Explain the manner of the drawing. 

Where and by whom are the jurors summoned? 

Who are exempt from jury service? 

How are the lists of names prepared in the upper pen¬ 
insula ? 

What is the calendar? 

Home Study Questions. 

In which circuit do you live ? 

Who is your circuit judge? 

What territory is comprised in your district ? 

How many terms of court in your county? 

How many names on the jury panel in your county? 
What are talesmen? 

What is meant bv original jurisdiction? Illustrate. 

What is meant by appellate jurisdiction ? Illustrate. 

What is a criminal case? A civil case? Explain. 

What is meant by the bar ? 





90 


MICHIGAN STATE 


i 


CHAPTER XIII. 

MISCELLANEOUS COUNTY AEEAIRS. 

Marriage Licenses.— Marriage licenses are obtained of 
the county clerk of the county in which either the man or 
woman resides, upon the payment of a fee of seventy-five 
cents. 1 In case both parties are non-resident the license is 
obtained in the county where the ceremony is to be per¬ 
formed. Affidavit as to name, age, residence and other neces¬ 
sary facts must be made before the license is granted. Each 
party must be eighteen years of age, but a woman may marry 
between sixteen and eighteen with the parents’ or guardian’s 
written consent. The marriage ceremony may be performed 
by any justice of the peace, ordained minister, judge of 
probate or judge of a municipal court. 

Hunting Licenses.— It is unlawful for any person to 
hunt for or kill deer without a license. Any person who has 
been a resident at least six months may obtain a license 
upon making affidavit to certain facts and paying a fee of 
$1.50. Non-residents of the state may procure a license 
in any county in which they propose to hunt, making affidavit 
as in the case of residents and paying a fee of' twenty-five 
dollars. All licenses are furnished by the secretary of state. 
Twenty-five cents of each fee is retained by the county clerk, 
twenty-five cents retained by the county treasurer, who 
places it in the general fund, the balance is sent to the state 
treasurer as is all moneys received from non-residents, less 
the clerk’s fee of twenty-five cents. In both cases the money 
is paid out for the administration of game laws. All money 


1 This fee includes twenty-five cents for the affidavit. The affidavit may be 
made before a notary or justice for twenty-five cents, in which case the clerk’s 
fee is fifty cents, 






AND LOCAL GOVERNMENT. 


91 


remaining in the county treasurer’s hands at the close* of 
the year is paid to the state treasurer. 

Each license permits the killing of two deer. Trans¬ 
portation companies are forbidden to carry any deer or part 
of a deer without a coupon attached, which coupons accom¬ 
pany the license. Heavy penalties are provided for the viola¬ 
tions of any of the provisions of the law. 

Abstracts.— In purchasing real estate or taking a mort¬ 
gage upon it one should always have the title examined. 
The books of the register of deeds contain a complete his¬ 
tory of the titles to all the land of the county. If an ex¬ 
amination were to be made by an inexperienced person, how¬ 
ever, it would require much time, and there would be little 
certainty as to its accuracy. In nearly every county therefore, 
there is a set of abstract books which contain an index and 
an abbreviated history or abstract of the title of each parcel 
of land. These books are usually owned bv some individual 
or company and in the older counties are very valuable prop¬ 
erty. Any person can purchase an abstract from these firms 
at a comparatively small amount. In some counties there 
are more than one set or parts of sets of abstracts. 

Jails.— The county jail is used for the detention of persons 
charged with offenses or for the confinement of persons sen¬ 
tenced upon conviction of an offense. The jail is in the care 
of the sheriff who is responsible for the care and safe¬ 
keeping of the inmates. All charges incident to furnishing 
and maintaining the jail and caring for the prisoners are 
paid from the county treasury, after being allowed by the 
board of supervisors. The sheriff’s residence is adjacent to 
or in the jail building. The food for prisoners is supposed 
to be wholesome and of sufficient quantity and is provided 
by the sheriff at the expense of the county, an allowance 
being made of so much per day for each person. Prisoners 
detained for trial may have other food at their own expense. 


92 


MICHIGAN STATE 


Each jail is inspected in the months of February and Sep¬ 
tember by a board of inspectors, consisting of the judge of 
probate, who is chairman, county agent of the state board 
of corrections and charities, and the county superintendents 
of the poor. Duplicate reports are made out as to the con¬ 
ditions of the jail and the inmates, and such recommenda¬ 
tions made as may seem necessary to comply with the law 
or for any other reason. One report is filed with the board 
of supervisors, the other with the state board of corrections 
and charities. 

Liquor Licenses and Bonds. —The manufacture and sale 
of spirituous and intoxicating liquors of all kinds is subject 
to taxation as follows: Selling spirituous and malt or 
brewed or fermented liquors, five hundred dollars per an¬ 
num; selling only brewed or malt liquors at wholesale or 
retail or at wholesale and retail, five hundred dollars per 
annum; selling spirituous liquors at wholesale, five hundred 
dollars, or at wholesale and retail, eight hundred dollars; 
manufacturing brewed or malt liquors for sale, sixty-five dol¬ 
lars per annum; manufacturing for sale spirituous liquors, 
eight hundred dollars per annum. The tax is payable to 
the county treasurer May first of each year. In. addition to 
the receipt the treasurer issues a notice, a red card-board, 22 
by 28 inches, which is to be posted in a conspicuous place 
where the sale for which the license was issued is carried 
out. All blanks necessary are furnished to the county treas¬ 
urers by the auditor general. One-half the money, less 1%, 
paid to the treasurer, is returned to the township, village, 
or city from which it was received, and one-half placed in 
the general fund of the county. The treasurer retains one 
per cent, of all money received by him. In the upper pen¬ 
insula the whole amount, less the one per cent., is paid 
over to the township, village or city. 

Every person engaged in selling spirituous, malt, brewed. 


AND LOCAL GOVERNMENT. 


93 


fermented, or vinous liquors, except druggists, shall each 
year give a bond to the county treasurer, the sufficiency of 
which is determined by the township board or village or city 
council, in the sum of not less than three nor more than 
six thousand dollars, with two or more sufficient sureties. 

A druggist may sell liquors for medicinal, chemical, scien¬ 
tific, mechanical, and sacramental purposes only, without the 
payment of any tax, but must give bonds in the same man¬ 
ner and form as liquor dealers, in the sum of two thousand 
dollars. A druggist must not give or sell liquors as a bever¬ 
age to any person under any circumstances. A druggist is 
required to keep a record of every sale of liquor, to whom 
sold, amount, kind, and purpose for which intended. 

Local Option Liquor Law. —The manufacture and sale 
of liquor and the keeping of any saloon for that purpose may 
be prohibited within the limits of any county upon vote of 
the people. Upon written application and petition of not 
less than one-fourth the qualified electors of a county ad¬ 
dressed to the board of supervisors and filed with the county 
clerk, he shall lay the petition before the board at a regular 
session, or shall call a special session. Previous to this call, 
the petition and the signature shall be posted by townships 
and wards in three conspicuous places in each, to determine 
the validity of the signatures. The board of supervisors, 
after satisfying itself as to the legality and authenticity of 
the petition, shall order an election to ascertain the will of 
the electors. The question shall be voted upon at the 
next annual township election to be held in said county, 
if, w'hen the vote is canvassed by the board of supervisors, 
it shall be found in the affirmative, the board shall pass a 
resolution of prohibition, which shall take efifect on the first 
day of May next following and shall not be subject to repeal 
within two years. 


94 


MICHIGAN STATE 


Care of the Poor.—The poor of the state and all persons 
who are disabled or enfeebled so as to be unable to maintain 
themselves, are maintained and supported under two systems, 
the township and the county. The system under which a 
county shall maintain its poor is determined by the board 
of supervisors. 

In counties where the distinction is made a person must 
acquire a residence in the township, that is, he must have 
been a resident of a township one year, before he can receive 
aid. If he has not such residence he shall be supported by 
the county. The supervisor in the township and overseers of 
the poor in either, have charge of the work pertaining to 
relief and maintenance of the poor. Under this system 
the support of persons committed to the 1 county poor house 
is charged to the respective townships and cities and col¬ 
lected as other contingent expenses. Each supervisor makes 
a report of his work to the township board on the Tuesday 
next preceding the annual township meeting. The super¬ 
visor presents to the township meeting an estimate of the 
amount necessary to provide for the support of the poor, 
and the amount is voted and assessed upon the township. 

Under the county system the duties of the county super¬ 
intendents of the poor are greatly enlarged and are made to 
include the general superintendence of all the poor who 
may be in their county; to have charge of the county poor 
house and farm; to provide for the government and good 
order of the poor house; to employ keepers and all neces¬ 
sary officers; to purchase furniture implements, provisions, 
and materials for the maintenance of the poor and their em¬ 
ployment and labor, and to sell and dispose of the products 
of such labor; to render a detailed account to the board of 
supervisors. Persons are taken to the poor house when it 
appears to the supervisor or a county superintendent that 
they need permanent relief or support. They may be dis- 

’By provision of the new constitution all county poor houses are designated 
and maintained as “county infirmaries.” 



AND LOCAL GOVERNMENT. 


95 


charged when it is evident that they are able to maintain 
themselves. Provision is made for the education of all 
children residing at poor houses in the institution or nearby. 

Soldiers’ Relief Commission.—The board of supervi¬ 
sors are authorized by law to levy a tax not exceeding one- 
tenth of one mill on each dollar, for the purpose of creating 
x a fund for the relief of honorably discharged indigent union 
soldiers, sailors and marines, their wives, widows and minor 
children. The judge of probate appoints a commission of 
three persons, at least two of whom shall be honorably dis¬ 
charged union soldiers, sailors or marines for a term of 
three years each. The supervisor of each township and 
ward prepares a list of persons entitled to relief for the use 
of the commission which determines the amount of aid to be 
given. The supervisors and aldermen may draw on the 
fund in emergencies without consulting the commission for 
a sum not to exceed ten dollars, which action shall be rati¬ 
fied by the commission. Reasonable compensation is to 
be fixed and paid by the boards of supervisors to the com¬ 
mission. 

Board of County Canvassers.—At the annual meeting 
of the board of supervisors in each even year there shall 
be elected three 1 electors, who, with the county clerk, who 
has no vote, constitute a board of county canvassers, to 
hold office for two years. The board convenes on the first 
Tuesday after the first Monday following each general elec¬ 
tion. The board elects its own chairman and fills vacancies 
by reason of absence or disability. The county clerk is 
clerk of the board. A canvass is made of all officers voted 
for, certified statements made and the results declared. In 
case any candidate wishes to contest the election, he may 
petition the probate judge to have the ballot boxes, or such 

Un Wayne county the board consists of five members: Probate judge, 
county treasurer, two senior members of board of auditors, and one citizen 
elector chosen by the board of supervisors. 




96 


MICHIGAN STATE 


ones as he may specify, opened and the ballots recounted. 
The recount shall be made by a board of three persons to 
be selected, one by the candidate petitioning, one by the 
candidate opposed, and one by the judge of probate. 

Public Hospitals.— Any county, either separately or in 
conjunction with other counties may appropriate money for 
the construction and maintenance or assistance of public and 
charitable hospitals for the treatment of persons suffering 
from contagious or infectious diseases. This provision is 
for the purpose of meeting the modern conditions for the 
treatment of such diseases. 

Suggestions and Material. 

Obtain blank marriage licenses and hunting licenses. In¬ 
teresting material will be found printed on them. 

A study of the liquor laws and their enforcement may 
be made. The conditions of the county jail and poor farm 
may be looked up. In some counties these buildings are 
not all that could be desired. 

Questions on the Text. 

Who may obtain a marriage license? 

Where are they obtained and what is the cost? 

Who may marry? 

Who can perform the marriage ceremony? 

What is the cost of a deer license to a resident? A non¬ 
resident ? 

What use is made of the license fees ? 

What is an abstract? 

Why is it desirable to get one? Is it necessary? 

From whom are abstracts obtained? 

Who has charge of the county jail? 

What provision is made for the inspection of jails? 


AND LOCAL GOVERNMENT. 


97 


How much is a liquor license? 

When and where are they secured? 

What becomes of the license money? 

What restrictions on druggists in selling liquor? 

What is the local option law? 

How can it be secured for a county? 

What two systems of caring for the poor in Michigan? 
What is the soldiers’ relief commission? Who appoints? 
What funds have they to use? 

Who is entitled to aid? 

Who compose the board of county canvassers? 

When do they meet and what are their duties? 

Home Study Questions. 

What persons are forbidden to marry? 

What is a marriage certificate? 

Why are hunting licenses necessary? 

What are game laws? 

What is meant by “open season”? 

What game is protected besides deer? 

In the case of a transfer of real estate, who usually secures 
the abstract ? 

What is the charge for an abstract? 

What food is furnished prisoners.iii jails? 

How much is the sheriff allowed a day for boarding pris¬ 
oners ? 

Have we ever had prohibition in this state? 

What states do have prohibition laws? 

What counties have local option ? 

Where is your county poor farm? 


93 


MICHIGAN STATE 


CHAPTER XIV. 
the: state:. 

Territorial Government. —Michigan was organized as 
a territory by act of congress, January n, 1805. Detroit 
was made the seat of government and the ordinances of 
1787 and 1789 were adopted as the charter of the territory. 
General William Hull was appointed governor. 

In 1835, a dispute arose as to the boundary line between 
Michigan and Ohio. It was settled by fixing the line as 
claimed by Ohio and giving to Michigan the extensive upper 
peninsula. 

The First Constitution. —The first constitutional con¬ 
vention met at Detroit, May, 1835. An election to ratify 
the constitution and to elect state officers, members of the 
legislatures, and a representative in congress, was held on 
the first Monday of October. The constitution was adopted. 
Michigan was admitted into the Union, January 27, 1837. 

A second constitutional convention was held at Lansing 
in June, 1850, which submitted to the people a constitution, 
which was adopted and went into effect, January 1, 1851. 

A constitutional convention was held in May, 1867, but 
the proposed constitution was rejected by a large vote. A 
general revision was again proposed in 1874, but this, too, 
failed. Many separate amendments have been adopted, but 
the constitution remains substantially as adopted in 1850. 

The Present Constitution. —The last constitutional con¬ 
vention convened at Lansing, October 22, 1907, and com¬ 
pleted its work March 3, 1908. It was submitted to the 
people November 3, 1908, and adopted by a vote of 244,705 
to 130,783. 


AND LOCAL GOVERNMENT. 


99 


Seat of Government.—The convention of 1835 provided 
that the location of the capital was to remain at Detroit, 
where it had been during territorial times, subject to legis¬ 
lative discretion, until 1847, when it should be permanently 
located. Many-towns competed for the honor, and several 
were selected, ,,only to be afterwards rejected. It was finally 
fixed on section sixteen in the township of Lansing, Ingham 
county. Another act created the “town of Michigan,” which 
was changed to Lansing in 1848. A capitol building was 
at once erected to serve a temporary purpose, but it was 
made to answer until 1878, when the present magnificent 
building was completed. 1 

Boundaries.—The first constitution fixed no boundaries. 
By act of congress, 1805, establishing the territory of Michi¬ 
gan, the boundary was to be “a line drawn east from the 
southerly bend or extreme of Lake Michigan, until it shall 
intersect Lake Erie and east of a line drawn from the said 
southerly bend through the middle of said .lake to its north¬ 
ern extremity and thence due north to the northern boun¬ 
dary of the United States.” In 1816 Indiana was admitted 
to the Union, and the southern boundary of Michigan Ter¬ 
ritory was moved north to give Indiana a port on Lake 
Michigan. When Michigan was admitted, the line was 
fixed as in the constitution, Article I. 

Siiggcstioiis and Material. 

The history given here is very limited, but many will find 

t An act to provide for a new state capitol was approved March 31, 1871, 
and Governor Baldwin appointed 1 $. O. Grosvenor, Jonesville; James Shearer, 
Bay City; Alexander Chapoton, Detroit, as a board of building commissioners. 
The design of Elijah E. Myers of Springfield, Illinois, was accepted and he 
was furthei appointed architect and general superintendent at a compensation 
of twenty-five thousand dollars. The contract for the construction was let 
to N. Osborne & Co., of Rochester and Detroit, for the sum of $1,144,057.20. 
The corner stone was laid October 2, 1873. The building was completed in 
1878 at a total cost of $1,427,743.78, and was dedicated in January, 1879. It 
is situated in the center of a square tract of land containing ten acres: is 
345 feet long, including porticos and steps 420 feet; 192 feet wide, including 
porticos and steps 274 feet, and 267 feet high. It covers one and one-sixth 
acres and lias a walk around the outside 1,520 feet in length. 




100 


MICHIGAN STATE 


it desirable to spend more time on the subject. Indeed, a 
very profitable class may be organized in the subject of 
Michigan history, using Hemans’ History of Michigan 
published by The Hammond Publishing Company, 
Lansing. This book will be found useful for reference, 
as will the Michigan Manual. Schools that have access 
to the Michigan Pioneer Collections will find much inter¬ 
esting and useful material. 

Questions on the Text. 

When was Michigan made a territory? 

When was the capitol located? 

Who was the first governor? 

How did Michigan gain the upper peninsula? 

When was the first constitutional convention held? 

When was Michigan admitted into the Union? 

When was the present constitution adopted? 

What other changes have been proposed? 

Has the constitution ever been amended? 

What about the location of the state capitol? 

Tell what you can of the present capitol. 

How was the boundary of the state fixed? 

Home Study Questions. 

By whom was Michigan settled? 

When was Detroit founded ? By whom ? 

When and under what circumstances did Michigan pass 
out of French control? 

How long did it remain under English control ? 

What was the ordinance of 1787? 

What were some of its provisions? 

Tell the story of Hull’s surrender of Detroit and 
Michigan. 

Tell the story of Perry’s victory on Lake Erie. 

What was the Toledo war? 


AND LOCAL GOVERNMENT. 


101 


What had Lewis Cass to do with early Michigan history? 
What was the “frost bitten” convention? 

What was the condition of Lansing when it was selected 
as flie capital? 




THOMAS M. COOLEY. 


ISAAC P. CHRISTIANCY. 



BENJAMIN F. GRAVES. JAS. V. CAMPBELL. 

THE BIG FOUR. 

(See p. ziz, Homans' History of Michigan.) 



102 


MICHIGAN STATE 


CHAPTER XV. 

LEGISLATIVE DEPARTMENT. 

Section i (Article V, Constitution of Michigan).— 

The legislative power is vested in a senate and house of 
representatives. 

The legislative or law-making department of the state is vested 
in a senate and house of representatives. In the work of legislation 
the two houses are equal. The senate has fewer members but 
terms, pay, and power are the same in each house. The legislature 
holds biennial sessions, meeting at Lansing on the first Wednesday 
of January every odd year. 

Opening .—Both houses meet at twelve o’clock, noon. The senate is 
called to order by the lieutenant governor who is ex-officio president 
of the senate and the house of representatives by the clerk of the 
preceding house. 1 Religious services are followed by the reading of 
a list of the members-elect as certified to by the secretary of state 
who go forward and take and subscribe to the constitutional oath of 
office. Each seat in the senate is assigned to a district so that each 
senator has his seat located for him. Seats are selected in the house 
by lot which is followed by the election of officers. The clerk pre¬ 
sides until the speaker is elected. A committee is named to escort 
the speaker to the chair. The rules of the preceding session are 
usually adopted. Each house having completed its organization 
appoints a committee to wait upon the other to announce that it 
is ready for business. A joint committee then waits upon the 
governor to inform him that the legislature is ready to receive 
any communication that he may be pleased to make. At a time 
fixed by the governor the senate and house meet in joint convention 


x In the absence of the lieutenant governor the clerk acts, and in the absence 
of the clerk of the house the journal clerk of the preceding house shall act. 







AND LOCAL GOVERNMENT. 


103 


and receive his message. The standing committees of the senate 
are announced by the president of the senate and those of the 
house by the speaker as soon as possible after the organization. 
At the session of 1909 the senate had sixty-one committees and the 
house fifty-eight. (For list see Michigan Manual for 1909, pages 602 
and 610.) With the appointment of committees the legislature is 
ready for its real work. The work of the legislature is best studied 
directly from the constitution which should be taken up section by 
section. Some additions or differences as provided by statutes or 
practice are given under section numbers. 

Section 2.— The senate shall consist of thirty-two mem¬ 
bers. Senators shall be elected for two years and by single 
districts. Such districts shall be numbered from one to 
thirty-two inclusive, each of which shall choose one senator. 
No county shall be divided in the formation of senatorial dis¬ 
tricts, unless such county shall be equitably entitled to two 
or more senators. 

Two counties, Wayne and Kent, have been divided in the forma¬ 
tion of senatorial districts. (For list of districts see map-plates 
13 to 15 Michigan Manual for 1903.) Under the first constitution the 
number of senators increased from sixteen to twenty-two. The 
number has been constantly at thirty-two since 1850. 

Section 3. —The house of representatives shall consist of 
not less than sixtv-four nor more than one hundred mem¬ 
bers. Representatives shall be chosen for two years and 
by single districts, which shall contain, as nearly as may be, 
an equal number of inhabitants, and shall consist of con¬ 
venient and contiguous territory; but no township or city 
shall be divided in the formation of a representative district. 
When any township or city shall contain a population which 
entitles it to more than one representative, then such town¬ 
ship or city shall elect by general ticket the number of 
representatives to which it is entitled. Each county, with 
such territory as may be attached thereto, shall be entitled 


104 


MICHIGAN STATE 



to a separate representative when it has attained a popula¬ 
tion equal to a moiety of the ratio of representation. In every 


g 

B»| uLu’eonamp 




CORRIDOR 


gggsraH a 


^ © [7j 

® © 0 

^ ® on 

& © o 


0 ®® 


S£6 r AT ARMS 


CLOAK ROOM 


LAVATORY 
AND CLOSETS 


FLOOR PLAN—MICHIGAN STATE SENATE. 


county entitled to. more than one representative the board 
of supervisors shall assemble at such time and place as 






























































AND LOCAL GOVERNMENT. 


105 


shall be prescribed by law, divide the same into representa¬ 
tive districts, equal to the number of representatives to which 
such county is entitled by law, and shall cause to be filed in 
the offices of the secretary of state and clerk of such county, 
a description of such representative districts, specifying the 
number of each district and population thereof, according 
to the last preceding enumeration. 

It has not been necessary to divide any township but the cities 
of Detroit, Grand Rapids, and Saginaw have been divided. (For. 
list of representative districts see map-plates 16 to 19, Michigan 
Manual for 1903.) Under the first constitution the number of repre¬ 
sentatives increased from fifty to sixty-eight. The seventeenth legis¬ 
lature, the first under the constitution of 1850, had seventy-one mem¬ 
bers. By act of the legislature of 1861 the number was raised to 
the constitutional limit where it has since remained. 

Section 4. —At the session in nineteen hundred thirteen 
and each tenth year thereafter, the legislature shall by law 
rearrange the senatorial districts and apportion anew the 
representatives among the counties and districts according 
to the number of inhabitants, using as the basis for such 
apportionment the last preceding United States census of 
this state. Each apportionment so made, and the division 
of any county into representative districts by its board of 
supervisors, made thereunder, shall not be altered until the 
tenth year thereafter. 

This section abolishes the state census and bases the decennial 
apportionment of representatives upon the United States census. 
This action was taken because, in the judgment of the convention, 
the state census is unnecessary and, therefore, a burdensome expense. 

Section 5. — Each senator and representative shall be a 
citizen of the United States and a qualified elector of the 
district he represents, and his removal from the district shall 
be deemed a vacation of the office. 


106. 


MICHIGAN STATE 


Section 6. — No person holding any office- under the- 
United States or this state or any county' office, except 



FLOOR PLAN—MICHIGAN HOUSE OF REPRESENTATIVES. 


notaries public, officers of the militia and officers elected by 
townships, shall be eligible to or have a seat in either house ' 








AND LOCAL GOVERNMENT. 


107 


of the legislature, and all votes given for any such person 
shall be void. 

Section 7.— No person elected a member of the legisla¬ 
ture shall receive any civil appointment within this state 
or to the senate of the United States from the governor, 
except notaries public, or from the governor and senate, 
from the legislature, or any other state authority, during the 
term for Which he is elected. All such appointments and 
all votes given for any person so elected for any such office 
or appointment shall be void. No member of the legislatuie 
shall be interested directly or indirectly in any contract with 
the state Or any county thereof, authorized by any law passed 
during the time for which he is elected, nor for one year 
thereafter. 

The purpose of this provision is to prevent officers from using 
their official positions in creation of offices for themselves or 
for the appointment of themselves to place. 

Section 8 .— Senators and representatives shall in all cases, 
except for treason, felony or breach of the peace, be privi¬ 
leged from arrest during sessions of the legislature and for 
fifteen days next before the commencement and after the 
termination thereof. They shall not be subject to any civil 
process during the same period. They shall not be ques¬ 
tioned in any other place for any speech in either house. 

These provisions are calculated to facilitate the attendance of mem¬ 
bers and not permit them to be harassed by civil suits or prevented 
from performing their public duties. This privilege is extended 
for fifteen days before and after the session, giving them time to 
reach the session and to conclude all public work after adjournment. 

Section 9. — The compensation of the members of the 
legislature shall be eight hundred dollars for the regular 
session. 1 When convened in extra session their compensa- 


1 Payment is made in installments of fifty dollars each at intervals of ten days. 



108 


MICHIGAN STATE 


tion shall be five dollars per day for the first twenty days 
and nothing thereafter. Members shall be entitled to ten 
cents per mile and no more for one round trip to each 
regular and special session of the legislature by the usually 
traveled route. Each member shall be entitled to one copy 
of the laws, journals and documents of the legislature of 
which he is a member, but shall not receive, at the expense 
of the state, books, newspapers or perquisites of the office 
not expressly authorized by this constitution. 

Section io. — The president of the senate and speaker of 
the house of representatives shall be entitled to the same 
compensation and mileage as members of the legislature and 
no more. 

Section n. — In case of a contested election, compensation 
and mileage shall be paid only to the person declared to be 
entitled to a seat by the house in which the contest takes 
place. 

It is provided in Section 15 that each house shall be the “judge 
of the qualifications, elections and returns of its members.” When 
therefore, any candidate for a seat in either house of the legis¬ 
lature is denied a certificate of election he may bring a “contested 
election” case. Notice is given by the contestant setting forth the 
grounds of such contest and a committee is appointed to investi¬ 
gate. The committee may take testimony and will usually visit 
the district from which the contest comes. The report of the com¬ 
mittee is very likely to be adopted which action is final. The win¬ 
ner only is entitled to compensation, but it is a custom to vote the 
loser expense money. 

Section 12 .— The election of senators and representatives, 
pursuant to the provisions of this constitution, shall be held 
on the Tuesday succeeding the first Monday in November, 
nineteen hundred ten, and on the Tuesday succeeding the 
first Monday of November of every second year thereafter. 


AND LOCAL GOVERNMENT. 


109 


Section 13. — The legislature shall meet at the seat of gov¬ 
ernment on the first Wednesday in January, nineteen hun¬ 
dred nine, and on the first Wednesday in January, in every 
second year thereafter, and at no other place or time unless 
as provided in this constitution; and shall adjourn without 
day, at such time as shall be determined by concurrent reso¬ 
lution, at twelve o’clock noon. 


The day of final adjournment is fixed by joint resolution, some¬ 
time in advance of the close of the session. The actual work 
usually ceases a few days before the date fixed and it frequently 
happens that but one or two members beside the presiding officer 
will be present at 12 o’clock at final adjournment. 

Section 14. — A majority of each house shall constitute a 
quorum to do business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent 
members in such manner and under such penalties as each 
house may prescribe. 

A quorum is a majority of all the members elect. This requires 
fifty-one members in the house and seventeen in the senate. It is 
the duty of the sergeant-at-arms to bring in absent members when 
so ordered by the house or senate. Such penalties may be inflicted 
as each house may prescribe but is never more serious than a 
reprimand. A member so arrested is sometimes made the butt 
of good-natured ridicule and jest when brought before the bar of 
the house. 

Section 15. — Each house, except as otherwise provided in 
this constitution, shall choose its own officers and determine 
the rules of its proceedings, but shall not adopt any rule that 
will prevent a majority of the members elected from dis¬ 
charging a committee from the further consideration of any 
measure. Each house shall judge of the qualifications, elec¬ 
tions and returns of its members, and may, with the con- 


110 


MICHIGAN STATE 


currence of two-thirds of all the members elected, expel a 
member. The reasons for such expulsion shall be entered 
upon the journal, with the names of the members voting on 
the question. No member shall be expelled a second time 
for the same cause. 

The word “house” is held to mean a majority of all the members 
belonging to each house. 

Before the election of officers each party holds a caucus and the 
election consists practically in ratifying the action of the caucus 
of the majority party. The minority give their candidate a “com¬ 
plimentary” vote. 

The officers in the senate are in addition to the president, secre¬ 
tary, sergeant-at-arms, proof-readers, stenographers, janitors, keep¬ 
ers of document, cloak and committee rooms, messengers, and com¬ 
mittee clerks. The senate of 1903 had a total of forty-seven officers 
and employes. 

The house officers are speaker, clerk, journal , clerk, bill clerk, 
reading clerk, financial clerk, sergeant-at-arms, and minor officials 
the same as the senate, a total in 1903 of fifty-five. 

Under the provisions of this section disputed or “contested elec¬ 
tions” are settled. A rule of the senate requires that notice shall 
be given within three days after the senate convenes. 

Notice is usually given when the members are sw.orn in. A com¬ 
mittee appointed to investigate takes testimony, visits the district 
from which the contest comes, and listens to counsel for the con¬ 
testants. While the contest is pending neither contestant is entitled 
to vote and only the one given the seat is permitted to draw per 
diem, mileage or other allowance. The findings of each house 
are final and not subject to review by any court. 

No senator and but one representative has been expelled. A rep¬ 
resentative was expelled during the session of 1887 for bribery. 

Section 16. — Each house shall keep a journal of its pro¬ 
ceedings and publish the same, except such parts as may 
require secrecy. The yeas and nays of the members of either 
house on any question shall be entered on the journal at the 
request of one-fifth of the members present. Any member 


AND LOCAL GOVERNMENT. 


Ill 


of either house may dissent from and protest against any 
act, proceeding or resolution which he may deem injurious 
to any person or the public, and have the reason for his dis¬ 
sent entered on the journal. 

The proceedings are published daily, each house separately, in 
magazine form under the titles of “Journal of the Senate” and 
“Journal of the House of Representatives.” These may usually be 
obtained by persons interested by applying to a member of either 
house. 

Section 17. — In all elections by either house or in joint 
convention the votes shall be given vive voce. All votes on 
nominations to the senate shall be taken by yeas and nays 
and published with the journal of its proceedings. 

Section 18. — The doors of each house shall be open unless 
the public welfare requires secrecy. Neither house shall, 
without the consent of the other, adjourn for more than 
three days, nor to any other place than where the legislature 
may then be in session. 

The consideration of nominations by the governor is in secret 
“executive session.” All persons are excluded except the senators, 
secretaries and sergeant-at-arms. The proceedings are kept in a 
separate journal and published at the end of the session unless other¬ 
wise ordered. 

Section 19. — All legislation shall be by bill and may 
originate in either house of the legislature. 

Section 20. —The style of the laws shall be: “The people 
of the State of Michigan enact.” 

r his is called the enacting clause. 

Section 21. — No law shall embrace more than one object, 
which shall be expressed in its title. No laws shall be re¬ 
vised, altered or amended by reference to its title only; but 
the act revised and the Section or Sections of the act altered 


112 


MICHIGAN STATE 


or amended shall be re-enacted and published at length. No 
act shall take effect or be in force until the expiration of 
ninety days from the end of the session at which the same is 
passed, except that the legislature may give immediate effect 
to acts making appropriations and acts immediately neces¬ 
sary for the preservation of the public peace, health or 
safety by a two-thirds vote of the members elected to each 
house. 

This prohibition is to prevent the insertion of certain words or 
the substitution of one phrase for another in an act or section re¬ 
ferred to, but not published, in terms so blind, that people may be 
deceived in regard to meaning, from the difficulty in making exam¬ 
ination and comparison. 

These restrictions are to prevent corruption in legislation and the 
insertion by shrewd management of clauses in bills of which the 
titles gave no intimation and thus securing their passage through 
legislative bodies whose members were not generally aware of their 
intent and effect. The “ninety-day clause” was to give the people 
time and opportunity to learn what the provisions of the law, were 
before they went into effect. The “immediate effect clause” is no 
part of the bill itself but is added by the enrolling clerk. 

Section 22. — No bill shall be passed or become a law at 
any regular session of the legislature until it has been printed 
and in the possession of each house for at least five days. No 
bill shall be passed at a special session of the legislature on 
any other subjects than those expressly stated in the gov¬ 
ernor’s proclamation or submitted by special message. No 
bill shall be altered or amended on its passage through 
either house so as to change its original purpose. 

This is a new section. It was inserted to prevent hasty and care¬ 
less legislative action, also, to deal effectively with so-called snap 
legislation. The provision that no bill shall be passed until it has 
been printed and in the possession of each house for five days means 
much greater publicity in legislative proceedings. Time is thus pro¬ 
vided whereby the people may become acquainted with proposed 


AND LOCAL GOVERNMENT. 


113 


legislation and to petition, or remonstrate, before a bill is passed. 
It is believed that this provision will measurably improve the tone 
of legislative action. When the legislature is convened in special 
session the revision limits its action to those matters expressly 
stated in the governor’s proclamation. This wisely limits the sphere 
of action of the legislature, in special session; and the governor’s 
proclamation is notice to the public of the work which the legis¬ 
lature can lawfully undertake. 

Section 23. — Every bill shall be read three times in each 
house before the final passage thereof. No bill shall become 
a law without the concurrence of a majority of all the 
members elected to each house. On the final passage of all 
bills the vote shall be by yeas and nays and entered on the 
journal. 

The first and second readings may be by title only and this is the 
actual practice. 

Section 24. — The assent of two-thirds of the members 
elected to each house of the legislature shall be requisite 
to every bill appropriating the public money or property for 
local or private purposes. 

Section 25. — Fuel, stationery, blanks, printing and binding 
for the use of the state shall be furnished under contract or 
contracts with the lowest bidder or bidders who shall give 
adequate and satisfactory security for the performance there¬ 
of. The legislature shall prescribe by law the manner in 
which the state printing shall be executed and the accounts 
rendered therefore; and shall prohibit all charges for con¬ 
structive labor. It shall not rescind nor alter such contract, 
nor release the person or persons taking the same or his or 
their sureties from the performance of any of the conditions 
of the contract. No member of the legislature nor officer of 
the state shall be interested directly or indirectly in any such 
contract. 


114 


MICHIGAN STATE 


The printing and binding contracts are usually let to the same 
bidder for convenience in executing work. The “state printer” 
usually does the work at Lansing. The contracts for paper, pens, 
pencils, envelopes, ink, erasers, waste baskets, mucilage, paste, and 
all other office supplies are let by contract as provided but not neces¬ 
sarily to the same party. The secretary of state advertises for the 
bids which are received by the state board of auditors. The contracts 
are let for two years. 

Section 26. — The legislature may authorize the employ¬ 
ment of a chaplain for each of the state prisons; but no 
money shall be appropriated for the payment of any religious 
services in either house of the legislature. 

4 #4 

Religious services are usually held at the opening of each day’s 
session by clergymen of the capital city and others whom they may 
invite. 

Section 27. — The legislature may authorize a trial by a 
jury of a less number than twelve men. 

Section 28. — The legislature may provide by law for 
indeterminate sentences, so called, as a punishment for crime, 
on conviction thereof, and for the detention and release of 
persons imprisoned or detained on said sentences. 

Section 29. — The legislature shall have powfer to enact 
laws relative to the hours and conditions tinder which women 
and children may be employed. • 1 !r 

Section 30. — The legislature shall pass no local oV special 
act in any case where a general act can be made applicable, 
and whether a general act can be made applicable shltll be 
a judicial question. No local iror special a®?* 1 shall take 
effect until approved by a majority of the electors voting 
thereon in the district to be affected. 

■; f . ■ ■ i a 

The foregoing is an entirely new section designed tj> \y,ork a whole¬ 
some legislative reform. One of the greatest evils brought to the 
attention of the convention was the abuses practiced under local 


AND LOCAL GOVERNMENT. 


115 


and special legislation. The number of local and special bills 
passed by the last legislature was four hundred fourteen, not in¬ 
cluding joint and concurrent resolutions. The time devoted to the 
consideration of these measures and the time required in their 
passage through the two houses imposed a serious burden upon the 
state. This section, taken in connection with the increased powers 
of local self-government granted to cities and villages in the re¬ 
vision, seeks to effectively remedy such condition. This provision 
is believed to be far-reaching in its consequences. The evils of local 
and special legislation have grown to be almost intolerable, intro¬ 
ducing uncertainty and confusion into the laws, and consuming the 
time and energy of the legislature which should be devoted to the 
consideration of measures of a general character. By eliminating 
this mass of legislation, the work of the legislature will be greatly 
simplified and improved. 

Section 31. — The legislature shall not authorize by private 
or special law the sale or conveyance of any real estate'be¬ 
longing to any person. 

Section 32. — Divorces shall not be granted by the legis¬ 
lature. 

In England divorces may be granted by parliament and in some 
states the legislature has such authority. 

Section 33. — The legislature shall not authorize any lot¬ 
tery nor permit the sale of lottery tickets. 

Section 34. — The legislature shall not audit nor allow 
any private claim or account. 

Section 35. — The legislature shall not establish a state 
paper. 

Section 36. — Every bill passed by the legislature shall be 
presented to the governor before it becomes a law. If he 
approve, he shall sign it; if not, he shall return it with his 
objections to the house in which it originated, which shall 
enter the objections at large upon its journal and reconsider 
it. On such reconsideration, if two-thirds of the members 


116 


MICHIGAN STATE 


elected agree to pass the bill, it shall be sent with the ob¬ 
jections to the other house, by which it shall be reconsidered. 
If approved by two-thirds of the members elected to that 
house, it shall become a law. In such case the vote of both 
houses shall be determined by yeas and nays and the names 
of the members voting for and against the bill shall be 
entered on the journals of each house, respectively. If any 
bill be not returned bv the governor within ten days, Sundays 
excepted, after it has been presented to him, it shall become 
a law in like manner as if he had signed it, unless the legis¬ 
lature by adjournment, prevents its return, in which case it 
shall not become a law. The governor may approve, sign 
and file in the office of the secretary of state within five days, 
Sundays excepted, after the adjournment of the legislature 
any bill passed during the last five days of the session, and 
the same shall become a law. 

The detailed methods by which a bill becomes a law includes 
several steps not in this section but provided for under the statute 
or by the “rules” of the senate or house. 

A bill may be introduced by any member at any time after the 
organization is completed and within fifty days, the time limit fixed 
by the constitution. Bills affecting corporations, city, village or 
general, have usually under the rules required one or more days’ 

notice. The form is “Mr. - gave notice that at some future 

day he would ask leave to introduce a bill to,” etc. At the time 

of the introduction the journal record is, “Mr. -, previous 

notice having been given, introduced house (or senate) bill No.- 

entitled a bill to,” etc. When a bill is introduced it is read a first 
and second time by its title and referred to one of the standing 
committees. A very large, number of bills never pass beyond this 
step. Consideration of a bill by a committee is usually given at the 
request of the member introducing the bill. Important measures 
are sometimes given public hearing by the committee in charge, 
when the friends and the opponents of the bill are heard. Under 
the head of “reports of standing committees” committee reports 
recommend that bills do or do not pass but may be simply without 




AND LOCAL GOVERNMENT. 


117 


recommendation. If the report is adverse the bill is subject to the 
order of the house and is usually tabled. If the report is favorable 
the bill is ordered printed, referred to the committee of the whole, 
and placed on the general order after concurrence in amendments, 
if any were made by the committee. 

When “general orders of the day” is announced a motion is made 
that the house resolve into a committee of the whole. The speaker 
or president appoints a chairman for the committee and leaves the 
chair. Bills are taken up in the order in which they have been re¬ 
ported from committees. The proceedings are quite informal. No 
record is kept, and there is no limit on debate. Bills are read and 
considered a section at a time. If the committee desires to continue 
consideration of a bill at another time a motion is made “that the 
committee rise, report progress and ask leave to sit again.” If all 
the business has been disposed of or the committee wishes to defer 
further consideration of pending business, the motion is made “that 
the committee rise.” The president or speaker resumes the chair 
and calls the house to order. The committee may report a bill back 
to the house with the recommendation that it be laid on the table; 
recommitted to a committee; indefinitely postponed; made a special 
order; put upon its immediate passage or otherwise disposed of. 
The chairman makes his report and the house acts upon the recom¬ 
mendations. The bills reported favorably are then placed on, the 
order of third reading. , 

Under this order bills and joint resolutions are taken up in order. 
The number and title of the bill are announced and the bill is read in 
full. Further debate is now in order. It will be noted that this 
is the third time the measure may have been under discussion, 
first in the standing committee, second in committee of the whole, 
and now finally on third reading. A rule of the senate requires that 
no amendment can be made at this point unless seconded by a 
majority of the senate and a house rule requires a vote of two-thirds 
of the members elect. Debate having been finally concluded, the 
presiding officer says “The question is now on the passage of the 
bill. All who are in favor of its passage will, as your names are 
called, say ‘Ayethose who are opposed will say ‘No.’ ” The 
secretary (or clerk) will then call the roll. Each member responds 
with his vote as his name is called after which the result is an¬ 
nounced. If a majority have voted in the affirmative, the presiding 
officer says, “a majority of all the members-elect having voted 


118 


MICHIGAN STATE 


therefor, the bill is passed. The question is now on the title. The 
title will be agreed to unless there be objections.” If amendments 
are made they must be made now. If a bill is given immediate 
effect a motion is so made. The bill is then transmitted to the other 
house, when the same course of procedure is followed. The bill 
then goes to the governor for his approval. An illustration taken 
from the proceedings of the legislature of 1903 will further show 
the workings of the legislative process. 

A bill entitled, “a bill to make an appropriation for marking 
by monument in memory of the seven hundred Michigan soldiers 
who died at Andersonville, Georgia, during the civil war, and pro¬ 
viding for the erection of the same” was introduced by Hon. Lawton 
T. Hemans of Ingham, January 8, 1903. After having been read 
twice by title it was referred to the committee on military affairs 
and was dsignated house bill No. 2. January 29th it was reported 
out (amended). Amendments concurred in and bill referred to com¬ 
mittee on ways and means (all bills involving expenditure of.money 
must go to this committee). The ways and means committee on 
February 24th reported a substitute which was concurred in, or¬ 
dered printed, and referred to the committee of the whole. It 
then received a second number, “file No. 66.” It passed after 
amending in committee of the whole March 17th, and was passed 
to the order of third reading. The next day, March 18th, it was 
read a third time and passed and was transmitted to the senate. 
The message of transmittal was received by the senate March 19th 
and the bill referred to the committee on military affairs. Reported 
out March 26th and referred to committee on finance and appropria¬ 
tions. Reported out April 1st and placed on the general order. 
April 8th, it was passed in committee of the whole also third read¬ 
ing, passed and returned to the house. Was received by the house 
and referred to the committee for printing and presented to Governor 
Bliss. It was then designated house enrolled Act No. 184. April 
17th, the governor approved the bill and it became a law. 

Section 37.— The governor shall have power to disap¬ 
prove of any item or items of any bill making appropriations 
of money embracing distinct items; and the part or parts 
approved shall be the law; and the item or items disapproved 
shall be void, unless re-passed according to the rules and 


AND LOCAL GOVERNMENT. 


119 

limitations prescribed for the passage of other bills over the 
executive veto. 

This is designed as a check upon extravagant and improper ap¬ 
propriations. It places, in part, the responsibility for appropriations 
made for the state upon the governor. He must, therefore, give 
careful scrutiny to each item in the appropriation bills. Should this 
power be arbitrarily exercised, which is not likely, the legislature 
has the power to pass the appropriation over the governor’s veto 
by a two-thirds vote of each house. The necessity for this proviso 
is found in legislative experience. The mutual exchange of cour¬ 
tesies by members of the legislature whereby one agrees to support 
the appropriations desired by others, in consideration that the others 
will support those in which he is interested, has led to extravagance 
and to many vicious appropriations. 

Section 38.— Any bill passed by the legislature and ap¬ 
proved by the governor, except appropriation bills, may be 
referred by the legislature to the qualified electors; and no 
bill so referred shall become a law unless approved by a 
majority of the electors voting thereon. 

Whenever the legislature is of the opinion that the public wel¬ 
fare will be subserved by providing that a law ought not become 
effective until such law shall receive the approval of the people, this 
section confers all necessary power in the premises. 

Section 39. —All laws enacted at any session of the legis¬ 
lature shall be published in book form within sixty days after 
the final adjournment of the session, and shall be distributed 
in such manner as shall be provided by law. The speedy 
publication of such judicial decisions as may be deemed ex¬ 
pedient shall also be provided for by law. All laws and 
judicial decisions shall be free for publication by any person. 

Section 40. — No general revision of the laws shall here¬ 
after be made. Whenever necessary, the legislature shall by 
law provide for a compilation of the laws in force, arranged 


MICHIGAN STATE 


120 

without alteration, under appropriate heads and titles. Such 
compilation shall be prepared under the direction of com¬ 
missioners, appointed by the governor, who may recommend 
to the legislature the repeal of obsolete laws and shall ex¬ 
amine the compilation and certify to its correctness. When 
so certified, the compilation shall be printed in such manner 
as shall be prescribed by law. 


AND LOCAL GOVERNMENT. ' 


121 


CHAPTER XVI. 

EXECUTIVE DEPARTMENT. 

Section i (Article VI, Constitution of Michigan).— 

There shall be elected at each general biennial election a 
governor, a lieutenant governor, a secretary of state, a 
state treasurer, a commissioner of the state land office, an 
auditor general and an attorney general, for a term of two 
years. They shall keep their offices at the seat of govern¬ 
ment, superintend them in person and perform such duties 
as may be prescribed by law. The office of commissioner of 
the state land office may be abolished by law. 

Section 2. —The chief executive power is vested in the 
governor. 


The governor is the chief executive of the state. He is elected 
at the general election each even year and serves for two years. 
He receives a salary of $5,000.00 per year. There is no official 
residence at the capital and the governor does not usually take up 
his residence there, although all official business is transacted from 
Lansing. 1 

The lieutenant governor is elected at the same time and for the 
same term as the governor. The qualifications are the same. Except 
when acting as governor the lieutenant’s duty is to preside over 
the senate when it is in session. His compensation is the same 
as a senator when acting as president of the senate. 

Section 3. —The governor shall take care that the laws 
be faithfully executed; shall transact all necessary business 


U’^or list of governors, see Michigan Manual for 1909, p. 34. 



122 


MICHIGAN STATE 


with the officers of government; and may require informa¬ 
tion in writing from all executive and administrative state 
officers, elective and appointive, upon any subject relating 
to the duties of their respective offices. 

Section 4. —He shall be commander-in-chief of the 
military and naval forces, and may call out such forces to 
execute the laws, to suppress insurrection and to repel in¬ 
vasion. 

Section 5. —He shall communicate by • message to the 
legislature, and at the close of his official term to the incom¬ 
ing legislature, the condition of the state, and recommend 
such measures as he may deem expedient. 

Section 6 . —He shall issue writs of election to fill such 
vacancies as occur in Ihe senate or house of representatives. 

Section 7. —He may convene the legislature on extra¬ 
ordinary occasions. 

There have been fifteen special sessions during the history of 
the state. Four were called by Hazen S. Pingree, three each by 
Henry P. Baldwin and Austin Blair and one each by Fred M. War¬ 
ner, Edwin B. Winans, David H. Jerome, John J. Bagley, Kingsley 
S. Bingham. For list with dates and duration, see appendix A. 

Section 8 .—He may convene the legislature at some 
other place when the seat of government become dangerous 
from disease or a common enemy. 

It has never been necessary to convene the legislature at any other 
point than the seat of government. 

Section 9. — He may grant reprieves, commutations and 
pardons after convictions for all offenses, except treason and 
cases of impeachment, upon such conditions and with such 
restrictions and limitations as he may think proper, subject 
to regulations provided by law relative to the manner of 
applying for pardons. Upon conviction for treason, he may 


AND LOCAL GOVERNMENT. 


123 


suspend the execution of the sentence until the case shall be 
reported to the legislature at its next session, when the legis¬ 
lature shall either pardon or commute the sentence, direct 
the execution of the sentence or grant a further reprieve. 
He shall communicate to the legislature at each session in¬ 
formation of each case of reprieve, commutation or pardon 
granted and the reasons therefor. 

The pardoning power is vested exclusively in the governor, except 
that in a case of treason the legislature may pardon or commute the 
sentence. It is not a privilege but a duty lodged in the governor, 
not for the convict only but for the general welfare. Executive 
clemency is a matter of discretion subject as all official acts to 
the remedy by impeachment in case of flagrant abuse. While the 
legislature has nothing to do with the pardoning power, it may 
provide by law how applications may be made and require a report 
of pardons granted. 

Section io. —Whenever a vacancy shall occur in any of the 
state offices, the governor shall fill the same by appointment, 
by and with the advice and consent of the senate, if in ses¬ 
sion. 

Section n. — All official acts of the governor, except his 
approval of the laws, shall be authenticated by the great seal 
of the state, which shall be kept bv the secretary of state. 

Section 12. — All commissions issued to persons holding 
office under the provisions of this constitution shall be in the 
name and by the authority of the people of the state of 
Michigan, sealed with the great seal of the state, signed by 
the governor and countersigned by the secretary of state. 

Section 13. — No person shall be eligible to the office 01 
governor or lieutenant governor who shall not have attained 
the age of thirty years and who has not been five years a 
citizen of the United States and a resident of this state two 
years next preceding his election. 


124 


MICHIGAN STATE 


These are the only state officers for which qualifications in excess of 
those for an elector are required. 

Section 14. — No member of congress nor any person 
holding office under the United States or this state shall exe¬ 
cute the office of governor, except as provided in this con- 
t stitution. 

William Woodbridge resigned February 23, 1841, to accept a 
United States senatorship to which he had been elected February 
third. Alpheus Felch resigned March 3, 1847, to accept a United 
States senatorship to which he had been elected February second, 
1847. Robert McClelland resigned March 7, 1853, having been ap¬ 
pointed secretary of the interior by President Pierce. 

Section 15. — No person elected governor or lieutenant 
governor shall be eligible to any office or appointment from 
the legislature, or either house thereof, during the time for 
which he was elected. All votes for either of them for any 
such office shall be void. 

Section 16. — In case of the impeachment of the governor, 
his removal from office, death, inability, resignation or ab¬ 
sence from the state, the powers and duties of the office shall 
devolve upon the lieutenant governor for the residue of the 
term or until the disability ceases. When the governor shall 
be out of the state at the head of a military force thereof, 
he shall continue commander-in-chief of all the military force 
of the state. 

The house of representatives has the sole power of impeachment 
and every impeachment shall be tried by the senate. When an 
impeachment is directed the house elects three of its own members 
to prepare articles of impeachment and to prosecute the same. 
Each senator takes an oath or affirmation to truly and impartially 
try and determine the case. A majority of the members of the 
house is required to direct an impeachment and two-thirds of the 
members elected 11. ffie senate to convict. Every officer impeached 


AND LOCAL GOVERNMENT. 


125 


may be suspended by the governor and a provisional appointment 
made. 

After the hour of final adjournment the senate organizes into a 
court. The lieutenant-governor presides except when the governor 
or lieutenant governor is impeached when the chief justice presides. 
The person accused is allowed counsel and is entitled to process 
for compelling the attendance of witnesses and the production of 
papers and records as may be required. The trial is conducted like 
a criminal trial. The members of the court including the house 
managers receive five dollars a day and two cents mileage. The 
compensation of the employees and officers of the court is fixed by 
the court. 

Section 17.— During a vacancy in the office of governor, 
if the lieutenant governor die, resign, or be impeached, dis¬ 
placed, be incapable of performing the duties of his office, 
or absent from the state, the secretary of state shall act as 
governor until the vacancy be filled or the disability cease. 

Section 18. —The lieutenant governor or secretary of 
state, while performing the duties of governor, shall receive 
the same compensation as the governor. 

Section 19. —The lieutenant governor shall be president of 
the senate, but shall have no vote. 

Section 20. — The secretary of state, state treasurer and 
commissioner of the state land office shall constitute a board 
of state auditors. They shall examine and adjust all claims 
against the state not otherwise provided for by general law. 
They shall constitute a board of state canvassers to determine 
the result of all elections for governor, lieutenant governor, 
state officers and such other officers as shall by law be re¬ 
ferred to them. They shall act as a state board of escheats 
and a board of fund commissioners. They shall perform 
such other duties as may be prescribed by law. In case the 
office of commissioner of the state land office is abolished. 


126 


MICHIGAN STATE 


another state officer shall be designated by law as a member 
of the several boards mentioned in this section. 

Section 21. — The governor and attorney general shall 
each receive an annual salary of five thousand dollars. The 
secretary of state, state treasurer, commissioner of the state 
land office and auditor general shall each receive an annual 
salary of twenty-five hundred dollars. They shall receive 
no fees or perquisites whatever for the performance of any 
duties connected with the offices. It shall not be competent 
for the legislature to increase the salaries herein provided. 


OTHER EXECUTIVE FUNCTIONS. 

Statutory Provisions. —The governor issues writs of 
election in case of vacancy in the legislature or lower house 
of congress. He may appoint in case of vacancy a United 
States senator to serve until the legislature convenes. He 
appoints members of state boards and non-elective state 
officers, by and with the advice and consent of the senate. 
He may fill vacancies in state offices and remove public 
officers for cause or upon proper investigation and proofs of 
misconduct or incompetency. 

State Boards. —The governor is ex officio a member of 
the state board of corrections and charities, boards of con¬ 
trol of the Industrial School for Boys, Industrial Home for 
Girls, State Prisons at Jackson, Marquette and Ionia, board 
of managers of Michigan Soldiers’ Home, board of agricul¬ 
ture, board of food examiners, boards of control state swamp 
lands, St. Mary’s Falls ship canal, and the Portage Lake 
and Lake Superior ship canal, board of geological survey 
and board of control of railroads. 

Requisitions. — When it is desired to apprehend a person 
charged with an offense in another state, or to secure the 


AND LOCAI/gOVERNMENT. 127 

return of one who has escaped, a requisition is made by the 
governor of the state in which the act was committed upon 
the governor of the state in which the person then is. 
Application is made to the governor by the prosecuting attor¬ 
ney of the county in which the offense was committed. The 
prosecutor must certify the full name of the person for whom 
extradition is asked, the nature of the offense, that sufficient 
evidence is at hand to convict, and that the ends of justice 
demand the return. The governor upon whom the requisi¬ 
tion is made is free to use his own judgment in granting 
or denying the request. 

Substantially the same proceedings are required to obtain 
from Michigan a person desired in another state. The sur¬ 
render of persons who have fled to a foreign country are 
much the same, but are made through the federal authorities. 

Executive Office. —The private secretary to the governor 
is in charge of the executive office, and has charge of the 
correspondence and clerical work except such as requires 
the personal attention of the governor. The executive clerk 
assists in the work of the office, and is secretary of the 
advisory board of pardons. 


Home Study Questions. 

Who was the “boy governor?’’ 

Has any governor ever served more than two terms ? 

Is the office of lieutenant governor a stepping stone to 
the governorship? 

In case of the death of the governor, who would succeed 
him? 

Under similar circumstances, who would succeed the lieu¬ 
tenant governor? 

Compare the offices of governor and lieutenant governor. 


128 


MICHIGAN STATE 


Compare the offices of lieutenant governor, as president 
of the senate, with the speaker of the house. 



KINGSLEY S. BINGHAM. 

(See p. 206, Hemans’ History of Micnigan.) 


AND LOCAL GOVERNMENT. 


129 


CHAPTER XVII. 

JUDICIAL, DEPARTMENT. 

Section i (Article VII, Constitution of Michigan).— 

The judicial power shall be vested in one supreme 
court, circuit courts, probate courts, justices of the peace 
and such other courts of civil and criminal jurisdiction, in¬ 
ferior to the supreme court, as the legislature may establish 
by general law, by a two-thirds vote of the members elected 
to each house. 

The judicial power is that department of government which hears 
and determines controversies between parties and expounds the 
law and legislative enactments. The whole judicial power of the 
state is vested in the courts and officers named with the exception 
of those relating to circuit court commissioners and courts of con¬ 
ciliation as mentioned in sections sixteen and twenty-three. Certain 
municipal courts have been organized which will be spoken of under 
that head. 


THE SUPREME COURT. 

Section 2. — The supreme court shall consist of one chief 
justice and associate justices, to be cliosen by the electors 
of the state at the regular biennial spring election; and not 
more than two justices shall go out of office at the same 
time. The term of office shall be prescribed by law. 

The supreme court organization was continued according to the 
provisions of the constitution of 1850 until 1857, when the legislature 
organized a supreme court consisting of a chief justice and three as- 


130 


MICHIGAN STATE 


sociate justices. The number was increased to five in 1887 and the 
term increased to ten years. The legislature of 1903 reorganized the 
supreme court by increasing the number of judges to eight and re¬ 
ducing the term to eight years, two going out of office each two 
years. They receive a salary of $7,000.00, and reside at Lansing 
while in office. The duties of chief justice devolve upon one of the 
two judges whose term soonest expires. The one having served the 
longer is chief justice the first year. If both have served the same 
length of time the senior justice (in years) acts as chief the first 
year. 

Section 3. —Four terms of the supreme court shall be held 
annually at such times and places as may be designated by 
law. 

Four terms of the supreme court are held annually commencing 
Tuesday after the first Monday of January, April, June and October 
at the supreme court room at the capitol in Lansing. The court 
may hold special or adjourned sessions. 

The officers of the court are clerk, reporter and crier. The clerk 
keeps accurate minutes of the proceedings of the court and has 
the custody of all the records, seals, books and papers belonging 
to the court. The reporter prepares all decisions of the court and 
publishes them as frequently as is necessary. The state librarian 
is authorized to sell the reports or exchange them for reports from 
other states or law books as the chief justice may direct. The crier 
has charge of the court room and all rooms in the capitol assigned 
to the justices and performs other duties and labor as directed by 
the court. 

Section 4. —'The supreme court shall have a general 
superintending control over all inferior courts; and shall 
have power to issue writs of error, habeas corpus, mandamus, 
quo warranto, procedendo and other original and remedial 
writs, and to hear and determine the same. In all other 
cases it shall have appellate jurisdiction only. 

A writ of error is a process issued by a court of review to the 
inferior court suggesting that error has been committed and re¬ 
quiring the record to be sent up for examination. (Cent. Diet.) 


AND LOCAL GOVERNMENT. 


131 


Habeas Corpus is a writ issued by a judge or court requiring the 
body of a person to be brought before the judge or before the court 
that the lawfulness of the restraint may be investigated and deter¬ 
mined. (Cent. Diet.) 

Mandamus is a writ issuing from a superior court directed to an 
inferior court, an officer, a corporation or other body requiring 
the person or persons addressed to do some act therein specified as 
being within their office or duty as to admit or restore a person to 
an office or franchise or to deliver a paper or affix a seal to a paper, 
etc. (Cent. Diet.) 

Quo Warranto is a writ calling upon a person or body of persons 
to show by what warrant they exercise a public office, privilege, 
franchise or liberty. (Cent. Diet.) 

Procedendo is a writ which issues when an action is removed 
from an inferior to a superior jurisdiction by habeas corpus, cer¬ 
tiorari or writ of privilege and it does not appear to such superior 
court that the suggestion upon which the cause has been removed 
is sufficiently proved; in which case the superior court by this writ 
remits the cause to the court from whence it came commanding 
the inferior court to proceed to the final hearing and determination 
of the same. (Bouvier’s Law Diet.) 

Appellate jurisdiction is that which a superior court has to re¬ 
hear causes which have been tried in inferior courts. 

Section 5. —The supreme court shall by general rules es¬ 
tablish, modify and amend the practice in such court and 
in all other courts of record, and simplify the same. The 
legislature shall, as far as practicable, abolish distinctions 
between law and equity proceedings. The office of master 
in chancery is prohibited. 

The justice administered by the courts of law is limited by the 
principles of law which are to a great extent positive and inflexible. 
The courts of equity do that equitable justice between parties which 
the case demands. Master in chancery had much the same duties 
as ouj present circuit court commissioners. 

Section 6 . —-The supreme court may appoint and remove 
its clerk, a reporter of its decisions and a court crier, each 


132 


MICHIGAN STATE 


of whom shall perform such duties and receive such salary 
as shall be prescribed by law; and all fees, perquisites and 
income collected by the clerk shall be turned over by him to 
the state treasury and credited to the general fund. No 
justice of the supreme court shall exercise any other power 
of appointment to public office. 

Section 7.— Decisions of the supreme court, including all 
cases of mandamus, quo warranto and certiorari, shall be in 
writing, with a concise statement of the facts and reasons 
for the decisions; and shall be signed bv the justices concur¬ 
ring therein. Any justice dissenting from a decision shall 
give the reasons for such dissent in writing under his signa¬ 
ture. All such opinions shall be filed in the office of the 
clerk of the supreme court. 

CIRCUIT COURTS. 

Section 8. — The state shall be divided into judicial cir¬ 
cuits in each of which there shall be elected one circuit judge. 
The legislature may provide by law for the election of more 
than one crcuit judge in any judicial circuit. A circuit 
court shall be held at least four times in each year in every 
county organized for judicial purposes. Each circuit judge 
shall hold court in the county or counties within the circuit 
in which he is elected, and in other circuits as may be pro¬ 
vided by law. The legislature may by law arrange the 
various circuits into judicial districts, and provide for the 
manner of holding courts therein. Circuits and districts may 
be created, altered or discontinued by law, but no such altera¬ 
tion or discontinuance shall have the effect to remove a judge 
from office. 

In the third judicial circuit (Detroit) there are six judges and 
two each in the tenth (Saginaw), the seventeenth (Grand Rapids), 
and the thirty-first (Port Huron). Each circuit must include at 


AND LOCAL GOVERNMENT. 


133 


least one county and there can be but one court in a county except 
as provided by constitutional amendment. 

There were but eight circuits at first. There are now thirty-eight. 
(See map-plates 20 and 21, Michigan Manual for 1903.) The num¬ 
ber has increased as the population of larger circuits has increased 
and so added to the work of the court as to make it impossible for 
one man to do the work and give people a prompt hearing for their 
cause. 

Each judge on or before November first appoints the time for 
holding the terms in his circuit two years in advance which must 
not be changed. Court is held in each county in the court house if 
there be one. In Ingham county two terms of the court are held in 
Lansing by special act of the legislature. 

Section 9. — Circuit judges shall be elected on the first 
Monday in April, nineteen hundred eleven, and every sixth 
year thereafter. They shall hold office for a term of six 
years and until their successors are elected and qualified. 
They shall be ineligible to any other than a judicial office 
during the term for which they are elected and for one year 
thereafter. 

Section 10. —Circuit courts shall have original jurisdic¬ 
tion in all matters civil and criminal not excepted in this con¬ 
stitution and not prohibited by law, and appellate juris¬ 
dictions from all inferior courts and tribunals and a super¬ 
visory control of the same. They shall also have power to 
issue writs of habeas corpus, mandamus, injunction, quo war¬ 
ranto and certiorari and to hear and determine the same; 
and to issue such other writs as may be necessary to carry 
into effect their orders, judgments and decrees and give them 
general control over inferior courts and tribunals within their 
respective jurisdictions, and in all such other cases and mat¬ 
ters as the supreme court shall by rule prescribe. 

The circuit court is the highest court of general original juris¬ 
diction in the state. Original jurisdiction is that bestowed upon a 
court in the first instance. 




134 


MICHIGAN STATE 


Injunction is a prohibitory writ, issued by the authority of a court 
of equity to restrain one or more parties from doing or permitting 
others under their control to do an act which is deemed to be unjust 
or inequitable so far .as regards the rights of some other party or 
parties to such suit or proceedings. 

Certiorari is a writ issued by a superior to an inferior court re¬ 
quiring the latter to send to the former some proceeding therein 
pending or the records and proceedings in some cause already ter¬ 
minated in cases where the procedure is not according to the course 
of common law. (Bouvier’s Law Diet.) 

Section n. —The clerk of each county organized for 
judicial purposes shall be clerk of the circuit court for such 
county. The judges of the circuit courts may fill any vacancy 
in the offices of the county clerk or prosecuting attorney 
within their respective jurisdictions, but shall not exercise 
any other power of appointment to public office. 

The clerk keeps a record of the proceedings of the court which is 
read from day to day in open court, corrected if necessary, and 
signed by the judge. 

Section 12. — Each of the judges of the circuit courts shall 
receive a salary payable monthly. In addition to the salary 
paid from the state treasury, each circuit judge may receive 
from any county in which he regularly holds court such 
additional salary as may be determined from time to time 
by the board of supervisors of the county. In any county 
where such additional salary is granted it shall be paid at 
the same rate to all circuit judges regularly holding court 
therein. 


PROBATE COURTS. 

Section 13. — In each county organized for . judicial pur¬ 
poses there shall be a probate court. The jurisdiction, powers 
and duties of such courts and of the judges thereof shall be 


AND LOCAL GOVERNMENT. 


135 


prescribed by law, and they shall also have original juris¬ 
diction in all cases of juvenile delinquents and dependents. 

The duties performed by probate judges are in no sense services 
performed for their respective counties and they are in no sense 
county officers, although they must reside within the counties for 
which they are elected. 

Section 14.— Judges of probate shall be elected in the 
counties in which they reside, and shall hold office for four 
years and until their successors are elected and qualified. 
They shall be elected on the Tuesday succeeding the first 
Monday in November, nineteen hundred twelve, and every 
four years thereafter. The legislature may provide by law 
for the election of more than one judge of probate in counties 
with more than one hundred thousand inhabitants, and may 
provide for the election of such judges in such counties at 
alternate biennial elections. 

JUSTICES OF THE PEACE. 

Section 15.— There shall be elected in each organized 
township not to exceed four justices of the peace, each of 
whom shall hold the office for four years and until his suc¬ 
cessor is elected and qualified. At the first election in any 
township they shall be classified as shall be prescribed by 
law. A justice elected to fill a vacancy shall hold the 
office for the residue of the unexpired term. The legislature 
may provide by law for justices in cities. 

The constitution does not strictly provide that there shall be four 
justices in townships but that there shall not be to exceed four. 

Section 16.— In civil cases, justices of the peace shall 
have exclusive jurisdiction to the amount of one hundred 
dollars and concurrent jurisdiction to the amount of three 


136 


MICHIGAN STATE 


hundred dollars, which may be increased to five hundred 
dollars, with such exceptions and restrictions as may be 
provided by law. They shall also have such criminal juris¬ 
diction and perform such duties as shall be prescribed by 
law. 


GENERAL, PROVISIONS. 

Section 17. —The supreme court and the circuit court 
and probate courts of each county shall be courts of record, 
and shall each have a common seal. 

Section 18. —Justices of the supreme court, circuit judges 
and justices of the peace shall be conservators of the peace 
within their respective jurisdictions. 

Section 19.— Whenever a judge shall remove beyond 
the limits of the jurisdiction for which he was elected, or a 
justice of the peace from the township in which he was 
elected, or by a change in the boundaries of such township 
shall be placed without the same, he shall be deemed to have 
vacated the office. 

Section 20. — When a vacancy occurs in the office of 
judge of any court of record, it shall be filled by appoint¬ 
ment of the governor, and the person appointed shall hold 
the office until a successor is elected and qualified. When 
elected, such successor shall hold the office the residue of the 
unexpired term. 

Section 21. — The legislature may provided by law for 
the election of one or more persons in each organized county 
who may be vested with judicial powers not exceeding those 
of a judge of the circuit court at chambers. 

This section provides for the election of circuit court commis- 
missioners who are assistants to the circuit court but not independ¬ 
ent judicial officers. Circuit court commissioners are required to 
be attorneys-at-law. Counties having less than twenty thousand 




AND LOCAL GOVERNMENT. 


137 


population have one commissioner, more than that, two commis¬ 
sioners. 

Section 22.— The style of all process shall be: “In the 
Name of the People of the State of Michigan.” 


Suggestions and Material. . 

The judicial department is'usually found the most difficult 
to understand, and does not seem quite so close to the pupils. 
Only the more general facts will be found sufficient, and 
such detail as may be interesting and profitable will be found 
under succeeding chapters on courts and other judicial 
matters. 


138 


MICHIGAN STATE 


CHAPTER XVIII. 

COURT PROCEEDINGS. 

Supreme Court. —The supreme court is the highest court 
in the state, and from whose'decisions there is no appeal 
unless a point of federal law is involved. Its province is to 
decide questions of law, questions of fact being determined 
by the lower court. The supreme court makes the rules to 
govern its own procedure as well as rules in accordance 
with which the business of the circuit court must be trans¬ 
acted. These rules make a volume of nearly four hundred 
pages. The decisions of the court form a basis upon which 
decisions of lower courts are based. 

When a case is taken to the supreme court on appeal a 
printed record for the use of the court containing all of the 
testimony and as much of the pleadings, record and proceed¬ 
ings as are necessary to present the questions raised must 
be submitted. The exact size and style of this record is 
prescribed by a rule of the court. In unimportant cases the 
decision of the court will be made upon the records sub¬ 
mitted, in more important cases oral arguments may be 
made by the attorneys. A calendar or list of cases is pre¬ 
pared for each term of court and cases are taken up in their. 
order. 

Circuit Court.—(a) Opening of Court.— At the direction 
of the* judge the sheriff opens court following a rap of the 
gavel with the formula, “hear ye, hear ye, hear ye, the cir¬ 
cuit court for the county of.is now in session.” 

The first day is usually consumed in a call of the calendar 
and in hearing motions for continuance, to strike from the 



AND LOCAL GOVERNMENT. 


139 


calendar or other motions. At the close of the day the cal¬ 
endar will be re-arranged and cases set for trial. 

(b) Conduct of Trials. 1 —When a case is called the pris¬ 
oner or the parties in the case, together with the prosecuting 
attorney or attorneys for both sides, are seated within the 
bar of the court. 

The names of twelve jurors from the panel are read and 
the jurors called take seats in the jury box. Each juror is 
questioned by the attorneys on both sides to determine his 
fitness to serve on the case. Questions are asked as to his 
relationship to the prisoner at the bar, his acquaintanceship 
with him, what he may have heard or read of the case, 
opinions he has formed as to guilt or innocence, and as to 
whether he can render a fair and impartial verdict or not. 
In case a juror is satisfactory to both sides he is retained. 
If not satisfactory to either one, he may be challenged for 
cause or peremptorily. In civil cases each party is entitled 
to four peremptory challenges, in criminal cases the prose¬ 
cution has four and the defendant five. In a trial for an 
offense for which the punishment may be death or impris¬ 
onment for life, the prosecution is entitled to fifteen per¬ 
emptory challenges and the defense to thirty. Any number 
of challenges may be allowed for cause. 

When the jury is satisfactory, the following oath is 
administered: ‘‘You shall, will and truly try, and true deliv¬ 
erance make, between the people of this state and the pris¬ 
oner at the bar, whom you shall have in charge according 
to the evidence and the laws of this state; so help you 
God.” Any juror shall be allowed to make affirmation, sub¬ 
stituting the words “this you do under the pains and pen¬ 
alities of perjury,” instead of the words “so help you God." 

Before evidence is offered the prosecuting attorney makes 
a statement of his case and of the facts which he expects to 

*In this topic a criminal case is kept in mind; however, a civil case is con¬ 
ducted in practically the same manner. 



140 


MICHIGAN STATE 


prove to the jury., This is not in the nature of an argument, 
but simply an explanation that the jury may understand the 
bearing of the testimony. 

The prosecution presents its witnesses first. The follow¬ 
ing oath is administered to each by the clerk: “You do 
solemnly swear that the evidence you shall give relating to 
this issue between the people of this state and the prisoner 
at the bar, shall be the truth, the whole truth and nothing 
but the truth, so help you God.” The oath in civil cases is: 
“You do solemnly swear that the evidence you shall give 

relating to this issue between A. B., plaintiff, 

and C. D., defendant, shall be the truth, the 

whole truth and nothing but the truth, so help you God.” 

Following the direct examination by the prosecutor the 
attorney for the defense conducts the cross examination. 
After all the witnesses for the prosecution have been sworn, 
the attorney for the defense makes his opening to the jury, 
and follows with the witnesses for the defense, which are 
in turn cross examined by the prosecuting attorney. If an 
improper question is asked, the opposing counsel may object 
and take an exception on the ground that the question is 
“leading,” or that it calls for an opinion not a fact or that 
it is “incompetent, immaterial or irrelevant,” or for other 
reasons. These exceptions form the basis for a request for 
a new trial in case either party so desires. After the evi¬ 
dence is in, each side is entitled to address the jury, the 
prosecution or plaintiff being allowed to open and close the 
argument. In these arguments the evidence is reviewed 
supporting the theory of the case, and reference made to 
the weakness of the evidence of the opposite side and dis¬ 
crepancies pointed out. The character of the clients and 
the witnesses may be spoken of favorably or disparagingly. 

The charge of the judge to the jury closes the case. The 
jury is the sole judge of the facts. It is the function of the 










AND LOCAL GOVERNMENT. 


141 


charge to inform the jury what the law is upon a given 
question of fact, leaving the jury to determine whether the 
fact exists. The charge should not show any leaning or 
partiality in favor of either party. An officer is then sworn 
and the jury sent to its room under his care. When alone 
the jury proceed to elect a foreman. A ballot is taken which, 
if unanimous, leaves nothing further for them to do. If 
the ballot shows division, discussion may occur. Some¬ 
times a verdict is rendered in a very few minutes and some¬ 
times days are consumed in secret deliberation. When a ver¬ 
dict is reached or it is the unanimous judgment of the jury 
that they cannot agree, they communicate through the officer 
in charge to the judge their desire to return to the court 
room. The foreman then announces the verdict “guilty” or 
“not guilty” or “agreed to disagree.” The verdict must be 
unanimous. If the verdict is “not guilty” the prisoner is 
immediately discharged, if guilty the prisoner is sentenced 
or remanded to jail to await sentence, or pending a.motion 
for a new trial or an appeal. If the jury disagrees the pris¬ 
oner stands in the eyes of the law exactly as if there had 
been no trial. * 

Justice Court.—(a) Jurisdiction. —A justice of the 
peace has jurisdiction in all civil actions in which the debt 
or damages do not exceed one hundred dollars and concur¬ 
rent jurisdiction wherein the amount does not exceed three 
hundred dollars. In criminal matters the statutes fix the 
jurisdiction in different lines, but in general it is limited to 
those offenses punishable by fine not exceeding one hundred 
dollars or by imprisonmnet in the county jail not exceeding 
three months, or by both fine and imprisonment. 

(b) Striking a Jury. —In case a jury is not demanded bv 
either party, the justice may hear the proofs and determine 
the cause as it may appear. 

Upon demand the justice directs a constable to write down 


142 


MICHIGAN STATE 


a list of eighteen persons qualified to serve as jurors. From 
this list each party may strike off six names. The constable 
then by the authority of the justice summons the six per¬ 
sons whose names appear on the list to appear for the trial 
of the parties named.. If any fail to appear or if there be 
legal objections to any, talesmen are summoned to supply 
the deficiency. In this court the jury is judge of the law 
and the facts. 

(c) Conduct of the Case. —The conduct of a case in jus¬ 
tice court does not differ materially from that in circuit 
court. In a civil case, the justice issues a summons upon 
the statement of the party bringing the suit, in which a 
constable is ordered to summon a certain party to appear 
in court on a certain day. If a jury is demanded it is drawn. 
The witnesses for the complainant are first sworn, then those 
for the defendant. The attorneys for each side then address 
the jury. The verdict of the jury is “for the plaintiff” or 
“for the defendant,” and also names the damages to which 
the winning side may be entitled. The finding of the jury 
is then entered upon the docket by the justice as the judg¬ 
ment of the court. If either party be dissatisfied with the 
judgment, he may appeal the case to the circuit court. 

In a criminal case a complaint is made out and sworn to 
alleging that a crime has been committed, specifying the time 
and place. A warrant is issued by the justice. Armed with 
the warrant an officer finds the accused and takes him into 
custody. The prisoner will be entitled to bail or upon fail¬ 
ure to furnish will be committed to jail. At as early a date 
as convenient the accused will be arraigned before the 
justice, the complaint will be read, and the prisoner will 
plead “guilty” or “not guilty” or stand “mute;” in the latter 
case a plea of “not guilty” will be entered for him. The 
conduct of the trial is not particularly different from that 
of a civil case. The complaint is always drawn in the name 




AND LOCAL GOVERNMENT. 


143 


of “The People of the State of Michigan” and the prosecu¬ 
tion is conducted by the prosecuting attorney or an assistant. 

When a plea of “guilty” is made or a verdict of guilty 
has been rendered by the jury the prisoner is ordered to 
stand and is given an opportunity to say why the sentence 
should not be pronounced, after which the sentence is given 
by the justice. As in a civil case an appeal may be taken to 
circuit court. 

Circuit Court Commissioners.— In each organized 
county there is one, and in each county having more than 
twenty thousand population, two circuit court commissioners. 
These officers may perform all the acts and duties which a 
circuit judge may perform out of court. They have no reg¬ 
ular place for conducting their work, but may appoint hear¬ 
ings at any point in the county that may be convenient. The 
jurisdiction of these officers includes three kinds of duties, 
viz.; ministerial, quasi-judicial, and judicial. Under the 
first head a circuit court commissioner performs all acts 
referred to him by a superior court, also performs such 
specific duties as are required by statute, such as to make 
sales under a decree of foreclosure, to compute amount due 
on mortgages, and to take testimony or deposition of wit¬ 
nesses. Under the second head he acts in matters referred to 
him to investigate by examination of witnesses or other¬ 
wise, and to report his opinion thereon such as, to take tes¬ 
timony on a bill of divorce, not contested. In all such mat¬ 
ters the commissioner’s judgment is not absolute and may 
be disregarded by the court to whom the report is made. In 
the third case he acts in a judicial manner in summary pro¬ 
ceedings to recover land and premises by landlords against 
their tenants. His judgment can be reviewed only on appeal 
or writ of certiorari. The circuit court commissioners’ court 
is not a court of record. 

Courts of Chancery. —Courts may be divided into courts 


144 


MICHIGAN STATE 


of law and courts of equity. The administration of courts 
of law is limited by the principles of common law which are 
usually fixed and inflexible. The judgment of these courts 
cannot always be adapted to the peculiar exigencies in par¬ 
ticular cases. It is not uncommon also for cases to fail in 
those courts from the fact that too few or too many per¬ 
sons have been joined as parties or because the pleadings 
have not been framed with sufficient technical precision. 

Courts of equity require that all persons having interests 
shall be made parties, and the pleadings are framed so as to 
present tto the court the whole case. Its final processes 
enable the court to “command what is right and prohibit 
what is wrong.” 

Separate courts of chancery were abolished in 1847. 
Under the present law the several circuit courts of the state 
are courts of chancery for their respective counties, the 
powers of which are exercised by the circuit judges under 

the name, “The Circuit Court for the County of., 

in Chancery.” The clerks of the circuit court are ex officio 
registers in chancery, and the sheriff of the county the officer 
of the court. Courts of chancery are equity courts. 

The terms of the circuit court are the terms of the courts 
in chancery, but as many adjourned and special sessions may 
be held as the business of the court may require. The chan¬ 
cery cases are net taken up until the issues of fact upon the 
calendar are disposed of. The judgments of the court are 
called decrees. 

Equity cases are very numerous, but among the more 
common ones may be mentioned those arising from fraud, 
mistake or accident, when the legal remedy is inadequate; 
those where the parties do not stand on equal ground, as 
parent and child, guardian and ward, attorney and client, 
principal and agent and others; those in which there are 
considerations of public policy, as divorce proceedings, con- 



AND LOCAL GOVERNMENT. 


145 


tracts in restraint of trade, agreements founded on corrupt 
considerations, usury and gaming; parties who are incapable 
of caring for their own rights as infants, idiots and lunatics 
are under the special care of the court. 

Court of Mediation and Arbitration.—(a) Nature.— 
This court was created by the legislature of 1889, “to pro¬ 
vide for the amicable adjustment of grievances and disputes 
that may arise between employers and employees.” When¬ 
ever any such grievance or dipute shall arise it is lawful to 
submit it in writing to a court of arbitrators for hearing 
and settlement. 

(b) The Court.— The court is composed of three judges 
appointed by the governor for a term of three years. The 
court appoints its clerk. Any two of the arbitrators con¬ 
stitute a quorum. Each arbitrator receives five dollars a day 
for actual service and the clerk, who is to be one of their 
own number, receives twelve hundred dollars a year, but no 
per diem. 

(c) Procedure. —Whenever any grievance or dispute 
between any employer and his employees is brought to the 
attention of the court, the court will go to the place of the 
dispute and make a careful investigation into the cause or 
causes and may take testimony under oath. Both parties 
to the controversy submit their cases in writing and prom¬ 
ise to continue in business or at work without a lock-out or 
strike until the court renders its decision, providing that it 
is made within ten days after the completion of the investi¬ 
gation. The decision is rendered by the board, or a majority, 
and made out in triplicate, one being filed with the county 
clerk where the dispute occurs and one filed with each of 
the parties. 

Whenever a lock-out or a strike occurs, or is threatened 
in any part of the state and it comes to the attention of this 
court, it proceeds as soon as practicable to the locality of the 


146 ’ 


MICHIGAN STATE 


disturbance and endeavor by mediation to affect an amica¬ 
ble settlement of the controversy. 

Grand Jury.—Grand juries are not summoned in this 
state except at the discretion of the circuit judge. Not less 
than fifteen nor more than twenty-three jurors are drawn 
in the same manner as regular jurors for circuit court. The 
proceedings are secret. The jury elects of its own number 
a foreman and clerk. The examination of witnesses is con¬ 
ducted by the prosecuting attorney. The findings of the 
grand jury are called indictments and subjects those against 
whom the indictments are found to arrest and trial. At least 
twelve must vote for the indictment. 

Suggestions and Material. 

In county seat towns an arrangement should be made 
with the presiding judge to have the class attend court. A 
time can easily be selected when the most good can be gotten 
from the proceedings. In other places it is usually possible 
to witness a jury trial in a justice’s court, arrangements 
having been previously made. 

A mock trial not only familiarizes those who participate 
in it with court proceedings, but furnishes an interesting 
entertainment to which friends of the school’may be invited. 
Teachers will find it very useful. 

Do not fail to have conversations with judges, justices 
and attorneys regarding court proceedings. Make your 
teaching live and practical and real. 

An interesting exhibit may be made by securing the com¬ 
plete history of some case in justice court, and if convenient, 
the same after appeal to circuit court. The local justice 
and attorneys will gladly furnish the data. Do not omit 
a single step. 


AND LOCAL GOVERNMENT. 


147 


Questions on the Text. 

What is the highest court in the state? 

How is a case taken to the supreme court? 

Who opens circuit court? 

What is the business of the first day ? 

Describe the conduct of a trial in circuit court: (a) Selec¬ 

tion of jury, (b) Swearing of jury, (c) Opening of case 
for prosecution, (d) Examination of witness, direct and 
cross examination, (e) Addresses to the jury, (f) Judge’s 
charge, (g) Deliberations of the jury, (h) Verdict, (i) 
Sentence. 

What is the jurisdiction of the justice court? 

How is a jury selected in the justice court? 

How is a trial conducted? 

Give the steps in bringing^ civil suit. A criminal suit. 
What are the duties of circuit court commissioners? 
What are courts of equity ? Courts of law ? 

How does the practice in a court of law differ from that 
in a court of equity? , 

What is the chancery court? 

What are some of the cases arising in chancery court ? 
What is the court of mediation and arbitration ? 

Who composes the court? 

What is its work and how is it conducted ? 

Who calls a grand jury? 

How is a grand jury organized and its work conducted? 
What is an indictment? 

Home Study Questions. 

Is there a jury in the supreme court? 

Name all the courts in our judicial system, and the num¬ 
ber on the jury in each. 

What is the legal standing of supreme court decisions? 


148 


MICHIGAN STATE 


What is the highest punishment for any crime in 
Michigan ? 

What is meant by “lynch law?” 

Could a person act as his own attorney? 

What should be the character of the judge’s charge to 
the jury? 

Must a justice of the peace be a lawyer? 

Why do business men wish to avoid jury service? 

What are nominal damages? 

What is a “strike?” A “sympathetic strike?” 

What is a “lock-out?” A “scab?” 

What is the “union label?” 

Tell of some recent grand juries and their work. 



ISAAC E. CRARY. 

(Sec p. 157, Hemans’ History of Michigan.) 


AND LOCAL GOVERNMENT. 


149 


CHAPTER XIX. 

MUNICIPAL COURTS. 

Authority. —The constitution provides that “municipal 
courts of civil and criminal jurisdiction may be established 
by the legislature in cities.” Under this provision there 
have been established “The Recorder's Court of'the City of 
Detroit,” “The Superior Court of Grand Rapid's,” and 
“Police Courts” in various cities . 1 

Recorder’s Court (Detroit). —This court has original 
and exclusive jurisdiction of all prosecutions for crimes, 
misdemeanors and offenses committed within the corporate 
limits of the city of Detroit, except in cases cognizable by 
the police courts or justices of the peace of the city. It has 
the same power as circuit courts have within their respective 
jurisdictions. All offenses against acts, ordinances and reg¬ 
ulations of the common council of the city are also tried in 
this court. 

There are two judges serving for six years, and who 
receive a salary of five thousand dollars a year. The state 
pays them the same amount as circuit judges receive, while 
the balance of the five thousand dollars is paid bv the city 
of Detroit. A clerk and two deputies are appointed by the 
court for a term of six years; the clerk is paid three thou¬ 
sand dollars a year and the deputies two thousand dollars 
out of the city treasury. Six terms of court are held com¬ 
mencing on the first Wednesday in January, March, May, 
July, September and November. 

’Other cities that have municipal courts by special acts of the legislature arc 
Kalamazoo. Saginaw, Hay City, Muskegon, Jackson, l.ansing, Port Huron, 
Cadilla/ 




150 


MICHIGAN STATE 


Violations of city ordinances are tried by the court unless 
there is a request for a jury. Jurors are chosen by the board 
of jury commissioners as for the circuit court. Appeals 
may be taken to the supreme court. 

Superior Court (Grand Rapids).—The superior court 
of Grand Rapids was organized in 1875. This court has 
original jurisdiction, concurrent with the circuit court for 
Kent county, in all civil actions of a transitory nature when 
the debt or damage claimed is over one hundred dollars, in 
which one or both of the parties reside in Grand Rapids; 
also jurisdiction of all actions of trespass upon lands situ¬ 
ated in Grand Rapids; of all equity suits in which both par¬ 
ties are residents of the city, and all foreclosure suits upon 
land situated in the city. It has exclusive jurisdiction of all 
actions of a civil nature at law or in equity which may be 
brought by or against the city or any of its officers, and 
exclusive appellate jurisdiction in all cases appealed from 
the police court. It also has original and exclusive juris¬ 
diction of all prosecutions for crimes, misdemeanors and 
offenses committed within the corporate limits of Grand 
Rapids, except in cases cognizable by the police court or 
justices of the police of the city. This court has no juris¬ 
diction over appeals from justices’ courts. 

There is one judge elected at the spring election for a 
term of six years and receiving a salary of twenty-five hun¬ 
dred dollars. The clerk of the court is elected at the spring 
election for a term of two years and receives a salary .o' 7 
twelve hundred dollars. Four terms of court are held each 
year at times fixed by the judge each year in the month of 
May. 

The drawing of jurors for the superior court is similar 
to that of the circuit court. The supervisors and aldermen 
of each ward furnish lists of suitable persons to the clerk 
of this court. At least five days before any regular term 


AND LOCAL GOVERNMENT. 


151 


of court, the clerk, mayor and two justices of the peace 
select twenty-four names by drawing in much the same man¬ 
ner as is done by the county clerk and sheriff in the county. 

Police Courts.—Police courts have been organized in a 
number of the cities of the state by local acts of the legis¬ 
lature. These are courts of limited jurisdiction and are not 
courts of record. Minor criminal matters constitute a large 
part of the work of the court to which may be added viola¬ 
tions of city ordinances and matters usually coming before 
a justice court. The police court of Detroit is organized as 
follows: 

There are two police justices, one elected each two years 
for a term of four years. A clerk and such assistants as the 
council may prescribe are appointed by the justice whose 
term of office shall first expire for a term of two years. 
Each justice receives a salary of four thousand dollars and 
the clerk eighteen hundred dollars. Members of the police 
force serve all papers and execute all the orders of the court. 

The court has original and exclusive jurisdiction to hear 
all criminal cases where the crime or offense was committed 
within the city and which would be cognizable by a justice 
of the peace in any other part of the state. The police court 
has concurrent jurisdiction with the recorder's court to try 
casts arising under the ordinances of the common council 
relative to vagrants, drunken persons, disorderly persons, 
breaches of the peace and disorderly conduct. 

One justice constitutes a quorum and may open and hold 
court. The justices may hold court separately and simul¬ 
taneously. This court shall be deemed in law as always open 
for taking complaints, issuing warrants and admitting pris¬ 
oners to bail. 

When the statute prescribes imprisonment in the count} 
jail as a punishment for any crime or misdemeanor the police 
court imposes imprisonment in the Detroit house of correc- 


152 


MICHIGAN STATE 


tion. Juries in the police court consist of six men. The 
board of jury commissioners select jurors on the third Mon¬ 
day of May each year. Jurors are drawn and summoned for 
a term of one month. Appeals may be taken to the Record¬ 
er’s court. 

Juvenile Courts.—In counties having over one hundred 
thousand population the circuit court, and in counties having 
less than one hundred thousand and more than twenty-five 
thousand population, circuit court commissioners, and in 
other counties the probate courts shall act as “Juvenile 
Courts,” for the control of dependent, neglected and delin¬ 
quent children. County agents shall investigate the condi¬ 
tions of all cases of which complaint has been made and have 
charge of all children while in the custody of the court. 

The counties of Berr.ien, Jackson, Houghton, Mecosta, Barry, 
Ottawa and Manistee are not included under this act. 

Suggestions and Materials. 

Classes in cities where municipal courts have been organ¬ 
ized will be interested reading the special act establishing the 
court. The city clerk can give you the reference and any 
good law library will contain the session laws for the year 
desired. 

Questions on the Text. 

What is the authority for municipal courts ? 

What is the municipal court of Detroit? Grand Rapids? 

Recorder’s court and superior court: What it its jurisdic¬ 
tion? How many judges? What is their salary and term of 
office? When is court held? How are juries chosen? 

What are police courts? What cities have police courts? 
Police courts of Detroit: How many justices? What are the 
terms of office and salary? What is the jurisdiction? What 
are some of the cases coming in this court? How is the 
police court conducted? What number constitutes a jury, 
and how is it chosen? 


AND LOCAL GOVERNMENT. 


153 


CHAPTER XX. 
probate: courts. 

Nature of Court.—Probate courts are courts of record 
but are not courts of common law, according to the ordinary 
use of the term. They derive their origin and jurisdiction 
from a source altogether distinct from the common law, 
and they exercise no functions peculiar to that system. They 
render no judgments—their determinations being called 
orders, sentences or decrees—and upon summary inquiry, 
with or without notice, as the case may be. The orders and 
decrees of these courts are subject to review only in virtue 
of statutory provisions and not of their inferior character, 
for they are not courts of inferior jurisdiction as justices 
and circuit courts are. 

Jurisdiction.—The judge of probate has jurisdiction of 
all matters relating to the settlement of the estates of de¬ 
ceased persons and of minors and others under guardian¬ 
ship. Insane persons are examined and committed to the 
asylum and dependent children to the State Public School 
by this judge. 

The Court.—The probate court is open at all times for 
the transaction of all ordinary business when notice is not 
required to be given. It is required that court shall be 
held the first Monday of each month for contested matters 
and on such other days as the judge may appoint*. In coun¬ 
ties of not less than twenty thousand inhabitants the board 
of supervisors may authorize the judge of probate to ap¬ 
point a probate register to serve during the term of the 
judge unless sooner removed. They are competent to per- 



154 


MICHIGAN STATE 


form all acts required of the judge of probate, except 
judicial acts. 

Wills. —Any person of full age and of sound mind may 
dispose of his or her real and personal estate by will. A 
will shall be in writing and signed by the testator and 
attested by two or more competent witnesses. In order 
to be effectual it must be approved and allowed by the pro¬ 
bate court. Executors and administrators are appointed, 
hearings are given when all facts as to the will and its 
making are determined. The will is then executed in ac¬ 
cordance with the orders of the judge. 

Adoption of Children.—The law provides that any per¬ 
son or persons may adopt any minor child and change the 
child’s name to their own family name, provided the par¬ 
ents of the child consent or if abandoned by one of them 
with the consent of the other, or if abandoned by both, then 
by the nearest of kin or guardian or principal officer of 
any asylum, hospital or home of which the child is an in¬ 
mate or if the child is legally an inmate of the State Public 
School by the consent of the superintendent and of the 
county agent of the state board of charities for the county 
where the person adopting the child resides. In every case 
the child must also be consulted if above the age of ten 
years. 

The judge of probate is required to investigate, and if he 
shall be satisfied of the good moral character and ability 
to support and educate the child, and of the suitableness 
of the home of the person adopting the child, he shall make 
an order giving the parents the custody of the child and 
changing it's name. 

Care of Insane.—When the relatives or friends of any 
insane person make application for his admission into an 
asylum the judge of probate institutes an inquest, takes 
proofs, and if he shall deem necessary or if the alleged 


AND LOCAL GOVERNMENT. 


155 


insane person shall so demand, a jury of twelve shall be 
summoned to determine the question of insanity. If proper 
and safe the alleged insane person shall have a right to be 
present at the hearing. The judge of probate shall appoint 
two reputable physicians, who shall examine the patient 
and certify under oath as to his condition. No person can 
be committed to an asylum without the physicians’ certifi¬ 
cate. If satisfactory evidence is adduced showing the per¬ 
son to be of unsound mind and in need of care or treatment, 
the judge of probate grants an order of commitment to 
some asylum or retreat. If the person is committed* as a 
private patient to any one of the state asylums, the friends 
must enter into bonds for his support. If there is no estate 
nor any one to support him, he is maintained at the expense 
of the county if he has gained a legal settlement, otherwise 
at the expense of the state. 

Dependent Children.—It is the duty of the judge of pro¬ 
bate to send to the State Public School at Coldwater all 
children over two and under twelve years of age, who, upon 
careful investigation, are found to be dependent on the 
public for support. The child must also be sound in mind 
and body to be received. This institution serves as a tem¬ 
porary home and the children are placed in family homes 
as rapidly as possible to remain until they are twenty-one 
years of age. 

Guardians and Wards.—The judge of probate may, 
when necessary, appoint guardians for minors and others. 
If the minor is under fourteen years of age, the judge nomi¬ 
nates and appoints the guardian; if above the age of four¬ 
teen years, the minor may nominate his own guardian, 
who will be appointed if approved by the judge. The guar¬ 
dian shall have charge of the estate, and, if so ordered, have 
custody of the person and education of the minor until he 




156 


MICHIGAN STATE 


arrives at the age of twenty-one. Every guardian must 
give a bond to be fixed by the judge of probate. 

Guardians may also be appointed by the judge of probate 
for insane persons or for persons who, by reason of extreme 
old age or other cause, are mentally incompetent, also for 
spendthrifts who, by drinking, gaming, idleness or -de¬ 
bauchery, expose themselves or family to want or suffering, 
and also for any person who shall be an habitual drunkard 
or so addicted to the use of narcotics or noxious drugs 
as to need medical treatment and care. 

Persons Missing.—If a person shall be missing for three 
months or more and has property going to waste or in 
danger of loss, the judge of probate may, upon the petition 
of the wife or next of kin or one or more of his principal 
creditors appoint a temporary administrator to collect and 
take charge of the estate until the fact of his death or sur¬ 
vival can be established and in case of death until the will, 
if any can be determined, and, an executor or administrator 
appointed. 

Suggestions and Material. 

There are very few communities that do not offer prac¬ 
tical illustrations of the workings of the probate court. These 
cases should be considered as far as good taste, propriety.and 
the rights and feelings of others may permit. The beneficient 
work of this court should be clearly seen. 

Questions on the Text. 

What is the nature of a probate court? 

What is the jurisdiction of the probate court? 

When is the court open? 

What is the probate-register? 

What is a will? How is it made? 

What are the provisions for adopting dependent children ? 





AND LOCAL GOVERNMENT. 


157 


How are the insane cared for by the judge of probate? 
How are the interests of the insane protected? 

How are they supported? 

How may dependent children be cared for? 

Under what circumstances are guardians appointed? 

For whom may guardians be appointed? 

What disposition can the judge of probate make of the 
property of missing persons? 

Name in review the classes of persons who are protected 
and cared for by the probate court. 

Home Study Questions. 

What is the meaning of the word probate? 

Does your county have a probate register? 

What is meant by breaking a will? 

What are executors? Administrators? Heirs? 

What becomes of the property of a person who dies 
intestate ? 

What is the law of primo-geniture ? 

In what ways may a person’s name be changed? 

Why should the changing of names be carefully 
restricted ? 

What is a monomaniac ? A kleptomaniac ? 

When is a person who is missing considered legally dead ? 



158 


MICHIGAN STATE 


CHAPTER XXL 

GENERAL JUDICIAL MATTERS. 

Attorneys.—Attorneys are officers of courts of justice 
empowered to appear and prosecute and defend. No per¬ 
son is permitted to practice as an attorney and counselor at 
law and solicitor until he is licensed to do so by the courts. 
Women are eligible. Graduates of the law department of 
the University of Michigan and those of the Detroit College 
of Law are admitted to practice in all the courts of the 
state upon the presentation of his diploma and taking the 
constitutional oath. A certificate of admission to the bar 
may be issued by the supreme court or any circuit court. 
Other persons may be admitted upon examination. 

Law Examiners.—The state board of law examiners con¬ 
sists of five members appointed by the governor upon recom¬ 
mendation of the supreme court for a term of five years. 
Meetings of the board are held in April and October at 
Lansing. The members receive ten dollars a day and ex¬ 
penses for time actually engaged. The examination fee re¬ 
quired of the candidate is ten dollars. 

Candidates shall be of full age, residents and citizens of 
the United States, and of good moral character. Successful 
applicants are granted certificates that they possess sufficient 
learning in the law to properly practice as an attorney. Ad¬ 
mission to the bar is granted upon this certificate in the 
same manner as are graduates of law schools. 

Attorneys may be removed or suspended who are “guilty 
of any deceit, malpractice, crime or misdemeanor.” Dis¬ 
barred attorneys cannot appear- in any court of record. 


AND LOCAL GOVERNMENT. 


159 


Contempt of Court.—Every court has power to punish 
persons guilty of the following: Behavior or disturbance 
tending to interrupt the proceedings of the court or to cause 
loss of respect for its authority; willful disobedience of or 
resistance to the orders of the court; refusal of any per¬ 
son to be sworn as a witness or to answer proper ques¬ 
tions ; publication of a false or grossly inaccurate report. 
Punishment shall be by fine or imprisonment, or both, but 
the fine shall not exceed two hundred fifty dollars, nor the 
imprisonment thirty days. 

Court House.—Circuit court is held at the court house, 
but when there is no court house, or when it is unsafe, un¬ 
fit or inconvenient, the board of supervisors or the judge 
may appoint another place and other than the appointed 
time for holding court may be named for the same reasons. 

Restrictions on Judges.—A judge is not permitted to 
sit as such in any cause to which he is a party or in which 
he is interested. He cannot act as attorney or counsellor 
in the circuit of which he has been elected judge. No judge 
shall have a partner practicing in the circuit of which lie 
is judge. He shall not receive any fee or compensation 
for giving advice or for drafting or preparing any papers 
in any suit pending before him except as provided by law. 

Questions on the Text. 

What is an attorney? 

Who may practice law? 

Board of Law Examiners. Number. Appointment. 
Term. Meetings. Compensation. 

What qualifications must candidate for examination have? 

What is “contempt of court”? 

Where is court held? 

What prohibitions on judges? Give reasons for each. 


160 


MICHIGAN STATE 


Home Study Questions. 

Is a woman eligible to the office of prosecuting attorney? 

Explain the phrase “admitted to the bar.” 

Would an attorney from some other state be eligible to 
practice in Michigan? 

Cite illustrations of attorneys being disbarred with reasons 
for same and of punishment for contempt of court with 
reasons. 



JAMES B. ANGELL. 

President University of Michigan. 

(See p. 27Z, Hemans’ History of Michigan.) 



'AND LOCAL GOVERNMENT. 


161 



CHAPTER XXII . 1 

EDUCATIONAL AFFAIRS. 


Superintendent of Public Instruction/—The superin¬ 
tendent of public instruction has general supervision of the 
schools and educational affairs of the state. He visits the 
educational institutions, receives the returns of the school 
census and prepares statement for the distribution of pri¬ 
mary school interest money, prepares all questions for 
county examinations, should meet with boards of control 
of state institutions that are partly educational in character, 
appoints institute instructors and directs the institute work, 
lectures on educational subjects, collects educational sta¬ 
tistics and publishes an annual report. He is a member and 
secretary of the state board of education and a member c.r- 
officio of all other boards having control of public instruction 
in any state institution with the right to speak but not to vote. 

State Board of Education.—This board consists of four 
members, the superintendent of public instruction and three 
other members, elected at the spring election, one each two 
years, for a term of six years. The board has the direction 
and control of the State Normal Schools, prescribing courses 
of study and granting certificates to teach uodn the recom¬ 
mendation of the faculties of the different institutions. It 
holds two examinations each year to examine candidates 
for state certificates and indorses state certificates from other 
states. State certificates are also granted to graduates of 
colleges whose course of study has been approved by the 
board. It examines and approves text-books in physiology. 

* The compensation is three dollars per day for actual services 
with traveling and other expenses. 


*For school district, see Chapter I; county school commissioner and county 
board of examiners. Chapter X. 

: Thc superintendent of public instruction is elected at the spring election and 
receives a salary of $4000.00. lie is requiiyd to he a graduate of a university, 
college or state normal school of good standing and have had at least five 
years’ experience as a teacher or as superintendent of schools. 





162 


MICHIGAN STATE 


Board of Regents,— This board consists of eight mem¬ 
bers, two elected each two years, for a term of eight years. 
The board elects a president of the University, who is 
ex-officio president of the board with the privilege of speak¬ 
ing but not voting. Under the corporate title of “The 
Regents of the University of Michigan” they manage and 
control the State University at Ann Arbor. 

Teachers.—Every person who teaches must secure a cer¬ 
tificate. The sources of these are the county board of ex¬ 
aminers, county normal training classes, city boards of edu¬ 
cation, state normal schools, state board of education, col¬ 
leges and the university. 

The county boards of examiners grant to persons over 
eighteen years of age and of good moral character three 
grades of certificates, third, second and first grade, valid 
for one, three and four years respectively. Examinations 
are held on the third Thursday of June and the second 
Thursday of August in all counties, and may also be held the 
third Thursday of October. Third and second grade certifi¬ 
cates are good only in the counties where issued, first grade 
certificates may become valid throughout the state by secur¬ 
ing the indorsement of the state superintendent upon the ex¬ 
amination and approval of the candidate’s papers forwarded 
to him by the commissioner. 

Graduates of the county normal training classes are 
granted certificates valid in rural schools and in grades only 
of graded schools. They are transferable and renewable. 

Cities employing a superintendent of schools may issue 
certificates to persons to teach in that city upon examina¬ 
tion conducted by a committee of the board or by the super¬ 
intendent. 

The state board of education grants certificates to gradu¬ 
ates of colleges that have a satisfactory course in the theory 
and art of teaching. By furnishing proof of having taught 


AND LOCAL GOVERNMENT. 


163 


successfully for three years in the schools of this state, the 
certificate may become a life certificate, otherwise it is valid 
for four years. A life certificate may be granted at any 
time thereafter by filing proofs of having taught. 

Upon the completion of courses in any of the state normal 
schools, certificates are issued, limited or unlimited in ex¬ 
tent and duration, depending on the length and character 
of the courses taken. 

State certificates are issued at the semi-annual examina¬ 
tions of the state board of education to persons who have 
taught at least two years and who pass the prescribed ex¬ 
amination. State teachers’ certificates and normal school 
diplomas from other states may be indorsed by this board. 

The university issues a certificate valid in all the schools 
of the state to graduates of the literary department who 
have also a teachers’ diploma for work done in the depart¬ 
ment of the science and art of teaching. 

County Normal Training Classes.—The superintendent 
of public instruction may establish one normal training class 
in each county when voted by the board of supervisors and 
a school district. The work of the class is directed by a 
county normal board, consisting of the state superintendent 
of public instruction, the county commissioner of schools 
and the superintendent of schools in the district. The state 
pays $500.00 annually for each teacher employed, but 
shall not exceed $1,000.00 in any one year. The balance 
of the expense is borne equally by the district and the 
county, but this shall not exceed the amount drawn from 
the state. 

Educational Funds.—(a) University.—The congress of 
the United States, under date of May 20, 1826, set apart in 
reserve seventy-two sections of land for the use and support 
of the university. The act of congress admitting Michigan 
into the Union, appropriated this land solely to the use and 


164 


MICHIGAN STATE' 


support of the university, in so far as the legislature might 
prescribe. Section 5, article 10, of the state constitution, which 
was adopted, ratified and confirmed by the act of congress, 
which declared Michigan to be one of the United States of 
America, provided that the funds accruing from the rents or 
sale of such lands, or from any other course for the purpose 
aforesaid, should be and remain a permanent fund for the 
support of said university. The constitution of 1850 also 
declared that the proceeds of such land should be a per¬ 
petual fund to be inviolably held for the purpose specified 
in the grant under which the said state stood seized of the 
land. By act of the legislature of 1837, ^ ie care an d dis¬ 
position of university lands were placed in the hands of 
the superintendent of public instruction, who was required 
to deposit all money remaining in his hands on account of 
the university fund in the deposit bank of this state, and 
from the money so deposited to make loans to such of the 
counties of this state as might apply for a portion thereof, 
and the balance, if there should be any after supplying the 
counties so applying, he was authorized to loan to indi¬ 
viduals and bond and mortgage on unencumbered land. The 
interest accruing from all money derived from the sale of 
the university lands was required to be paid into the state 
treasury, and by the state treasurer to be paid over to the 
treasurer of the university on the warrant of the auditor 
general. These lands continued in charge of the superin¬ 
tendent of public instruction until the organization of the 
state land office in 1843, when the care thereof passed to 
the commissioners of the state land office, and the money 
received from the sale of land, as well as the interest accru¬ 
ing on part-paid certificates of sale, was paid directly into 
the state treasury and charged against the state treasurer 
on the books in the office of the auditor general. The ac¬ 
count with the university fund was opened in 1840, but the 


AND LOCAL GOVERNMENT. 


165 


credits thereon, so far as they represent proceeds of the sale 
of university lands, were nominal until the land office was 
established. The trust fund ledger of the state showed a 
credit to the university fund, July I, 1909, of $544,779.40. 
Upon this credit the state pays interest at the rate of 7 per 
cent, quarterly. Such interest as is received by the state 
from holders of part-paid certificates during any quarter 
is added to the interest paid by the state and paid through 
the university interest fund to the treasurer of the univer¬ 
sity quarterly. The university has also an appropriation 
from the state known as the quarter mill tax which, under 
the present equalization (1904) amounts to $650,287.50. 

(b) State Normal College.—The State Normal School 
(State Normal College) was established by act of the legis¬ 
lature of 1849. A 11 appropriation of fifteen sections of the 

salt spring lands (these lands having been previously 
granted to the state by act of congress), to be selected bv 
the board of education and denominated the normal school 
endowment fund, was made for the purpose of paying the 
principal of said normal school and his assistants. A fur¬ 
ther appropriation of ten sections of salt spring lands was 
made for the purpose of defraying the expenses of the 
erection and completion of buildings for said institution. 
These sections were also to be selected by the board of edu¬ 
cation and to be known as the normal school building fund. 
The lands seem to have been selected as required by law, 
but the proceeds of sale of both classes were placed to the 
credit of the normal school endowment fund and the normal 
school building fund account was not opened on the books 
in the office of the auditor general. The legislature of 1850 
amended and consolidated prior acts in the establishment 
of the state normal school. These acts also consolidated the 
two appropriations of salt spring lands, the whole to con¬ 
stitute the normal school endowment fund, to be and remain 


166 


MICHIGAN STATE 


a perpetual fund for the use of the said institution subject 
to the payment of an amount not to exceed the sum of $10,- 
ooo, to be expended in the construction of the buildings then 
in process of erection. The act of 1850 further provided 
that the purchase price of such lands should be paid into 
the state treasury and the interest thereon computed at the 
rate of 6 per cent, per annum, together with all amounts 
paid by purchasers of said lands, should be placed to the 
credit of the normal school interest fund, to be drawn there¬ 
from upon the warrant of the auditor general. 

The trust fund ledger of the state shows a credit to the 
normal school fund, July 1, 1909, of $69,220.54. Upon 
this credit the state pays interest at the rate of 7. per cent, 
quarterly. Such interest as is received by the state from 
holders of part-paid certificates during any quarter is added 
to the interest paid by the state and paid through the normal 
school interest fund to the treasurer of the State Normal 
College quarterly. The other normal schools do not partici¬ 
pate in the endowment fund. 

(c) State Agricultural College.—The legislature of 1855 
established the State Agricultural College, the site of which 
was to be selected within ten miles of Lansing, by the presi¬ 
dent and executive committee of the State Agricultural 
society, subject to the approval of the state board of educa¬ 
tion. Twenty-two sections of salt spring lands, or the money 
arising from the sale thereof, were appropriated for the 
purchase of land for such site, the erection of buildings, the 
purchase of furniture, apparatus, library and implements, 
payment of professors and teachers and such other necessary 
expenses to be incurred in the establishment and successful 
operation of said school. The legislature of 1857, bv an 
amendment to section 2 of the act of 1855, virtually sub¬ 
stituted a money appropriation for the land appropriated by 
its predecessor in that it provided that the sum should be 


AND LOCAL GOVERNMENT. 


167 


drawn from the state treasury on the presentation of the 
property certificates of the hoard of education to the auditor 
general, and on his warrant to the state treasurer, but not 
to exceed in the whole amount the sum of $56,320, the 
minimum price of said twenty-two sections, unless the whole 
proceeds of the sales of said sections should exceed that 
sum and not then to exceed the amount of such proceeds. 
The money appropriated by said act of 1857 was drawn 
from the state treasury. Congress, by act of July 2, 1862, 
granted to the state 240,000 acres of land (the grant was 
30,000 acres for each senator and representative in congress 
to which the state was entitled by the apportionment under 
the census of i860). The conditions of the grant were that 
“all moneys derived from the sale of lands by the states to 
which the land was apportioned * * * shall be invested 

in stocks of the United States or of the states or some other 
stocks yielding not less than five per cent, upon the par value 
of said stocks, and the money so invested shall continue a 
perpetual fund, the capital of which shall remain forever 
undiminished (except so far as was provided in section 5 
of said act of congress), and the amount of which shall be 
inviolably appropriated by each state which may claim and 
take the benefit of this act to the endowment, support and 
maintenance, of at least one college where the leading object 
shall be, without excluding other scientific and classical 
studies and including military tactics, to teach such branches 
of learning as are related to the agricultural and mechanical 
arts.” 

The legislature of 1871 so amended the section of the act 
of 1863, which provided for the loaning of the proceeds 
from the sale of these lands, as to require the money re¬ 
ceived from the sale of said lands to be paid into the state 
treasury and the amount thereof to be placed to the credit 
of the agricultural college fund upon the books of the audi- 


168 


MICHIGAN STATE 


tor general, to constitute a perpetual fund, the capital of 
which shall remain forever undiminished and the annual 
interest thereon computed at the rate of 7 per cent, per 
annum shall be regularly applied to the support of the agri¬ 
cultural college. The amount to the credit of this fund, 
July 1, 1909, was $981,567.49. Interest at the rate of 7 per 
cent, upon this fund, plus accretions, together with the inter¬ 
est received from the holders of part-paid certificates, is paid 
to the treasurer of the agricultural college quarterly. 

The college has also an appropriation from the state known 
as the one-tenth mill tax, which under the present valuation 
amounts to $173,410 each year. 

(d) Primary Schools.—The primary school fund is 
credited with the proceeds from the sale of lands granted to 
the state by congress for the support of primary schools. 
The conditions of the grant were that the income from the 
proceeds of sales of said lands should be applied to the sup¬ 
port of common schools. The legislature accepted the grant 
subject to such conditions. The constitutional provisions 
and the general legislation as to the manner of disposing 
of this grant are in all respects similar to those already re¬ 
cited as attaching to the disposal of the grant for the sup¬ 
port of the university. The amount of the primary school 
fund, July 1, 1909, was $4,279,074.46. Upon this sum 
and accretions the state pays interest at the rate of 7 per 
cent, per annum. The distribution of this interest, plus the 
money received from the holders of part-paid certificates, is 
made twice each year. 

Auxiliary to this fund is a fund known as the primary 
school five per cent. fund. Section 5, of the act of 1858, 
to provide for the sale of swamp lands, requires that of all 
money theretofore or thereafter received from the sale of 
swamp lands, after deducting the expenses of sales, fifty 
per cent, shall be denominated a primary school fund the 




AND LOCAL GOVERNMENT. 169 

interest upon which, at 5 per cent, per annum, shall be 
apportioned and distributed in like manner as the interest 
upon the primary school fund of this state. The amount 
of the primary school five per cent, fund, July 1, 1909, 
was $972,606.08. Upon this amount, plus accretions, the 
state pays interest at the rate of 5 per cent, per annum. The 
distribution of this interest, plus the money received from 
the holders of part-paid certificates, is made twice each year. 

In the year 1879 ^ ie rece T ts from specific taxation ex¬ 
ceeded the amount required to pay the interest demands 
upon the university, normal school, agricultural college and 
primary school funds of the state, when, by virtue of the 
provision of section 1, art. 14 of the state constitution, 
the receipts from these sources in excess of the amount 
necessary to meet the interest upon the several funds above 
enumerated, were required to be distributed to the primary 
schools in the same manner as the interest upon the funds 
which in recent years has been distributed twice in each 
year. 

These provisions delating to the primary schools are the 
ones which provide the revenue for the support of such 
schools, excepting the one mill tax (formerly two mills; 
and the amount of tax voted annually by the school meet¬ 
ings in the several districts of the state. 

See appendix D. 

Suggestions and Material. 

The life of John D. Pierce will be found interesting and 
a sketch af his life by each pupil will be a profitable exercise. 
Several other superintendents have contributed largely to 
the progress of schools and education, and their lives may 
well be studied also. 

Samples of such certificates as can be secured may be 
exhibited and studied. 


170 


MICHIGAN STATE 


Announcement of your own county, or some nearby 
county training class, may be obtained and the character and 
scope of the work noted. 

The history of the educational funds is a matter of some 
misapprehension by many, and the statements of this chap¬ 
ter will help to clear them up. The statements were pre¬ 
pared at the request of the author by one of the most ex¬ 
perienced men in the auditor general’s office, and may be 
considered absolutely authoritative. 

Questions on the Text. 

What is the chief educational officer of the state? 

What are some of the duties of the office? 

State Board of Education. Number. Term. Duties. 
Compensation. 

Board of Regents. Number. Term. Duties. President 
of the board. 

What legal qualifications must all teachers have? 

From what sources are certificates obtained? 

What certificates are granted by the board of examiners? 
» When are the examinations held ? 

Where and for what time is each grade of certificate 
good ? 

What are the county normal training class certificates? 

Under what certificates do city teachers work? 

Colleges may grant certificates to teach under what con¬ 
ditions ? 

What is the character and term of college certificates? 

What are normal school certificates? 

What are state certificates and by whom granted ? 

The university issues certificates to whom? 

When are county training classes established? 

By whom is the work directed? 

Who pays the expenses of these classes? 


AND LOCAL GOVERNMENT. 


171 


Make a list of the educational funds. 

Give the history of each fund and its present amount. 


Home Study Questions. 

Who was the first superintendent of public instruction? 
What studies are required for each grade of county 
certificate ? 

What is the institute fee? How much is it? 

What are teachers’ institutes? Teachers’ associations? 
What studies are required for the examination by the 
state board of education? 

. What counties have normal training classes? 

What does it cost to maintain the university for a year? 
How much does the primary school interest amount to a 
year per capita? 



GOVERNMENT BUILDING, LOCKS AND CANAL AT SAULT STE. MARIE. 


(Sec p. 201, Hcmans’ History of Michigan.) 











172 


MICHIGAN STATE 


CHAPTER XXIII. 

LIBRARIES. 

School District Library. —Any school district, by a 
majority vote at any annual meeting, may establish a district 
library, and is entitled to its proportion of books and library 
money of the township in which it is wholly or partially 
located. The library shall be in charge of the district board 
who will make a statistical report annually to the school 
inspectors. 

The proceeds of all criminal fines are apportioned by the 
county treasurer before the first day of June each year 
among the several townships, according to the number of 
children therein between the ages of five and twenty years, 
as shown by the statement of the superintendent of public 
instruction transmitted to the county clerk previous to the 
tenth of May each year. This money is to be exclusively 
applied to the support of township and district libraries and 
to no other purpose. The qualified voters have the power, 
at‘any annual meeting, to vote a tax for the support of the 
library, which is to be levied and collected the same as other 
district taxes. 

Township Library. —The law provides that each or¬ 
ganized township shall maintain a library. All residents 
of the township shall be entitled to the privileges of the 
library. The township board shall have charge of 
the library and shall receive from the township treasurer 
all money appropriated for the library and shall purchase 
the necessary books and supplies. The board shall pro¬ 
vide a central or eligible place for keeping the library, 





AND LOCAL GOVERNMENT. 


173 


make rules and regulations for the care and management of 
the library and appoint a librarian for the term of one year. 
The township library shares in the fine money as mentioned 
in previous paragraph. 

Free Public Libraries.—The city council of each incor¬ 
porated city has the power to establish and maintain a public 
library and reading room, and may levy a tax of not to ex¬ 
ceed one mill on the dollar annually on all taxable property, 
to be levied and collected as other city taxes and known as 
the “library fund.” The library is free always, subject to 
the rules and regulations of the library board. 

All matters pertaining to the library are under the direc¬ 
tion of a board of directors of nine members appointed bv 
the mayor, three each year, for a term of three years. 

Upon petition of fifty voters any incorporated villages may 
vote to establish a free public library, which shall be main¬ 
tained and supported the same as a city library, excepting 
that the board consists of six instead of nine directors. 

State Library.—The state library is kept at the capitol 
at Lansing, and is in charge of the state librarian, who is 
appointed by the governor for a term of four years at a 
salary of twelve hundred dollars a year. The governor, the 
two legislative committees on the state library and the state 
librarian make the rules and regulations for the manage¬ 
ment of the library. 

Any public, incorporated, school or college library in the 
state having not less than one thousand volumes, other than 
publications furnished by the state, may become an “as¬ 
sociate library” and receive a certificate of association. The 
state librarian may lend to the associate library books, trans¬ 
portation to be paid by the associate library. 

Libraries or communities not having libraries may bor¬ 
row from the state library selections of books for a limited 


174 


MICHIGAN STATE 


time under certain rules and regulations. These are known 
as “traveling libraries.” 

Suggestions and . Materials. 

The library is one of the most important adjuncts of the 
school. A knowledge of the law regarding the. different 
kinds should not be simply a matter of general information, 
but should be taken advantage of whenever the necessity 
exists for the securing of as large and as excellent a collec¬ 
tion of books as possible. The library should not only serve 
the school but the community as well. 

Send to the state librarian if you wish particulars as to 
the manner of establishing a library or increasing the 
efficiency of those already in existence or regarding as¬ 
sociate or traveling libraries. 

Questions on the Text. 

How may a school district library be established? 

How is it maintained and supported? 

Who is charged with the care of the library? 

What is the law as to township libraries? 

Who has charge of this library? 

How is it maintained and supported? 

How may free public libraries be established and sup¬ 
ported in cities? 

How is the city library cared for? 

Where is the state library and who has charge of it? 

What is the management of the state library? 

What are associate libraries, and how are they established ? 

What are traveling libraries, and how are they secured? 




AND LOCAL GOVERNMENT. 


1 / 5 


Home Study Questions. 

Has your district a library? If not, why not? 

Is it growing? If not, why not? 

Has your township a library? Where is it located? 

Is it well kept and freely used ? 

What are “Carnegie libraries”? 

Name some Michigan cities that have received them. 


* 



MAMMOTH ORE DOCKS AT ESCANABA. 


(Sec p. 262, Hemans’ History of Michigan.) 










176 


MICHIGAN STATE 


CHAPTER XXIV. 
military affairs. 

Constitutional.— Article XV, section one, provides that 
“The milttia shall be composed of all able-bodied male citi¬ 
zens between the ages of eighteen and forty-five years, ex¬ 
cept such as are exempted by the laws of the United States 
or of this state.” Article VI, section four, provides that, 
“The governor shall be commander-in-chief of the military 
and naval forces, and may call out such forces to execute 
the laws, to suppress insurrections and to repeal invasions.” 

Classification. —The military and naval forces of the state 
are included under three heads, “militia,” “national guard” 
and “naval brigade.” 

Militia.— The persons described in the first paragraph 
constitute the enrolled militia of the state, but are “not sub¬ 
ject to military duty, except when called into the service 
of the state or of the United States, in case of war, rebellion, 
invasion, the prevention of invasion, the suppression of 
riots, tumults, breaches of the peace, or to aid civil officers 
in the execution of the law and the service of process, in 
which case they, or so many of them as the necessity re¬ 
quires, may be ordered out for actual service by draft or 
otherwise, as the governor may direct.” When ordered out, 
the militia is organized by the governor as commander-in¬ 
chief into companies, regiments, brigades and divisions cor¬ 
responding to the formations of the regular army. 

Military Exemptions.— The state law exempts the fol- 
lowing.persons from military duty: State officers, judges, 
members of the legislature, officers and guards of the state 


AND LOCAL GOVERNMENT. 


177 


prisons and other state institutions, keepers of poor houses, 
firemen after seven years of service, county officers except 
notaries public, teachers and ministers of the gospel. 

Michigan National Guard. —The Michigan national 
guard is composed of volunteers who are able-bodied male 
citizens between the ages of eighteen and forty-five. Appli¬ 
cants must pass a good physical examination and furnish 
evidence of good moral character. The guard is to be or¬ 
ganized into not less than thirty-six companies of infantry. 
The term of enlistment is three years and company officers 
are elected for this term. 

Organization. —The Michigan national guard at present 
consists of three regiments of infantry of twelve companies 
each, one company of engineers, one company signal corps, 
one battery field artillery, one troop of cavalry and one 
hospital corps. 

A company of infantry consists of captain, first and second 
lieutenants, first sergeant, quarter-master sergeant, four 
sergeants, one corporal for every seven privates, two musi¬ 
cians, two cooks and not less than thirty-two nor more than 
fifty privates. 

A regiment of infantry consists of colonel, lieutenant-col¬ 
onel, three majors commanding battalions, surgeon, adjutant, 
quarter-master, commissary, assistant surgeon, chaplain, 
three battalion adjutants, three battalion quarter-masters, 
sergeant major, quarter-master sergeant, commissary ser¬ 
geant, three battalion sergeants, two color sergeants, one 
band and twelve companies organized into three battalions of 
four companies each. 

Camps for Instruction. —The commander-in-chief, by 
and with the advice of the state military board, may estab¬ 
lish annually a suitable camp for the instruction of the 
Michigan national guard lasting not to exceed ten days. 
The troops are inspected at this time by the inspector gen¬ 
eral and his assistants. Privates, non-commissioned officers 
and musicians receive not less than one dollar and twenty- 


178 


MICHIGAN STATE 


five cents per day, with seventy-five cents per day as com¬ 
mutation of rations. Commissioned and staff officers re¬ 
ceive same pay as officers of same rank in United States 
army. Any one guilty of intoxication shall forfeit all pay 
for the entire time of camp duty. Privates, non-commis¬ 
sioned officers and musicians are furnished with uniforms 
by U. S. Government and charged to appropriation allowed 
the State, 

Military Department. —The executive department of 
the military is located at Lansing and consists of the com¬ 
mander-in-chief, adjutant general and assistant, inspector 
general and assistant, quartermaster general and assistant. 
These officers are appointed by the governor, the head of 
departments, by the approval of the senate, the assistants 
upon the recommendations of the chiefs. 

A state military board of seven members acts as an ad¬ 
visory body to the commander-in-chief. 

For compensation and duties of state military board and 
duties of the heads .of the military department, see Michi¬ 
gan Manual under “military departemnt.” 

Michigan Naval Brigade. —The naval brigade constitute 
the naval forces of the Michigan national guard. It is or¬ 
ganized into battalions and divisions. But one battalion of 
five divisions has been organized. Its headquarters are the 
U. S. S. Yantic, stationed at Detroit. The organization 
and administration of the naval brigade follows that of the 
United States navy. 

Questions on the Text. 

What is the constitutional militia? 

Who is commander-in-chief? 

1 Annual encampments have been held each year since 1875, excepting in 
1878, 1885, and 1899. The first three encampments were by regiments, each 
one at a different place, but since that time have been brigade encampments. 
Seven of the encampments have been at Island Lake. Other locations are, 
Mackinac Island, Gougac. Lake, Whitmore Lake and Manistee. Two have Krrn 
held outside the state. In 1881 at Yorktown (centennial) ar.d in 1903 at West 
Point, Kentucky. 



AND LOCAL GOVERNMENT. 


179 


How are the military and naval forces classified ? 

Under what circumstances is the enrolled militia liable 
for service? 

Who are exempt from military service? 

What is the Michigan national guard (M. N. G.) ? 
How is the M. N. G. organized? 

What is the composition of a company? A regiment? 
What is the present organization of the M. N. G. ? 
What provisions are made for military instruction? 
What is the organization of the state military department ? 
What is the Michigan naval brigade? 

Home Study Questions. 

What is the grand army of the republic (G. A. R.) ? 
What is the badge worn by its members? 

What is the woman’s relief corps (W. R. C.) ? 

When was memorial day inaugurated ? 

Suggest proper methods of observing file day. 

What is a pension ? A service pension ? 

What is the amount paid annually for pensions? 

What is the size of the standing army of the United 
States (U. S. A.) ? 

What can you say of the United States navy? 

Where are there some United States forts in Michigan: 



GEN. GEORGE A. CUSTER. 

(See p. 22S, Hcmans’ History of Michigan.) 




180 


MICHIGAN STATE 


CHAPTER XXV. 

STATE DEPARTMENT—ELECTIVE OFEICERS. 

Secretary of State.— The secretary of state is custodian 
of the state seal and of all state papers and records. The 
original and engrossed copies of all acts of the legislature 
are filed in his office and he compiles, publishes and dis¬ 
tributes the laws, documents and reports of the different de¬ 
partments, institutions, officers and boards; under the 
direction of the governor, he issues commissions, warrants, 
patents and requisitions for extradition; he gives notices of 
elections and receives and files the returns; articles of as¬ 
sociation and reports of corporations are filed in his office; 
he prepares and publishes various statistics; he has charge 
of the state census. 

The work of the department is conducted in seven divi¬ 
sions each under the direction of a chief: corporation, 
executive, compiling, building and loan, vital statistics, agri¬ 
cultural and shipping divisions. 

(a) The Corporation Division. —This is one of the most 
important divisions and requires accuracy, skill and legal 
ability. New corporations are being constantly organized and 
old ones dissolving or amending their articles. All articles 
of association are carefully examined and filed, and a com¬ 
plete history of each corporation kept by means of annual 
reports. 

(b) The Executive Division. —This division has the 
state seal, the constitution and all acts of the legislature. 
The issuing and attestation of proclamations certificates of 
election, commissions of appointment, warrants for extradi- 




AND LOCAL GOVERNMENT. 


181 


tion or requisition, pardons and paroles, are made by this 
division. The bonds and oaths of office of state officers, 
record of notaries public and justices of the peace, are kept 
here. 

(c) The Compiling Division. —This division prepares 
for publication the public acts, the local acts, the official 
directory and legislative manual. 

(d) The Building and Loan Division. —This division 
supervises the building and loan associations, makes an ex¬ 
amination of the books and securities of each and re¬ 
quires an annual report from each which reports are com¬ 
piled and published. 

(e) The Vital Statistics Division. —This division keeps 
an accurate record of births, deaths, marriages and divorces. 
The Michigan Monthly Bulletin of Vital Statistics is pub¬ 
lished monthly. 

(f) The Agricultural Division. —This division has charge 
of agricultural statistics. Farm statistics are gathered by 
the supervisors. Monthly crop reports are also secured 
through correspondents in each township. Statistics rela¬ 
tive to the insane, deaf, dumb, blind, idiotic and epileptic 
are published bv this division, also the reports of superin¬ 
tendents of the poor and sheriffs. 

(g) The Shipping Division. —This division has the cus¬ 
tody of all the publications of the department and prepares 
the same for shipment as required. 

State Treasurer. —The state treasurer receives and has 
charge of all state funds, paying out the same upon the 
orders of the auditor general. He gives a bond for three 
hundred thousand dollars with three or more sureties, to 
be approved by the attorney general and commissioner of 
insurance. He is the state sealer of weights and measures. 
He makes an annual report to the governor of receipts and 
disbursements. 


182 


. MICHIGAN STATE 


Auditor General. —The auditor general is the bookkeeper 
of the state, keeping the accounts between the state and the 
treasurer. He receipts for all money received and orders 
all money paid out. Claims against the state are examined 
and adjusted by him under legislative authority. He keeps 
a record of the state’s indebtedness; audits the accounts of 
all the state institutions; approves the bonds of county treas¬ 
urers. 

He has general charge of the whole matter of apportion¬ 
ment of state taxes and collection of them, also the matters 
pertaining to delinquent taxes. He makes an annual report 
to the governor. 

Commissioner of the State Land Office. —The commis¬ 
sioner has charge and management of all lands that the 
state owns or is interested in. He appoints trespass agents 
and prosecutes trespasses on state lands. He collects for 
the sale of lands and delinquent taxes on part paid lands. 
On his certificate the governor issues patents for state 
lands sold. 

Attorney=General. —The attorney-general prosecutes and 
defends all actions in the supreme court to which the state 
is a party, and appears for the people in any court when 
requested by the legislature or any state officer in any suit 
in which any department of the state may be interested. 
He advises and consults with prosecuting attorneys and 
gives opinions on questions submitted to him by the legisla¬ 
ture, state officers, boards or institutions. 

Superintendent of Public Instruction. —For duties of 
the superintendent of public instruction, see Chapter XXII. 

Questions on the Text. 

Name the state elective officers and give the salary of 
each. 

Name the seven divisions of the state department. 



AND LOCAL GOVERNMENT. 


1S3 


What is the work of each division? 

What are the duties of the state treasurer? Auditor 
general? Commissioner of the state land office? Attorney 
general ? 


Home Study Questions. 

How are the salaries of state officers fixed? 

How is it that subordinate positions, such as deputies 
and chief clerks, receive more than the heads of the de¬ 
partments ? 

Describe the state seal. 

Give the motto of the state as it is. Translate it. 

Give the meaning of “Tuebor” and “E Pluribus Unum.” 
What is an engrossed copy of a law? 

How often is the state census taken ? When ? 

What is a corporation ? What corporations in your 
locality ? 

What is the business of a building and loan association ? 
What is the meaning of vital statistics? 

Explain how state funds are cared for and protected. 
What is our system of weights and measures? 

What is the metric system? Is it legal in this country? 
Define audit and auditor. 

What is the duty of a trespass agent? 

Can an individual sue the state? 



184 


MICHIGAN STATE 


CHAPTER XXVI. 

STATE DEPARTMENTS—APPOINTIVE OEEICERS. 

The Commissioner of Insurance. —The .duties of this 
office were, previous to 1871, conferred upon the secretary 
of the state. The insurance commissioner, in the case of 
Michigan insurance companies, sees to it that the law is 
complied with in the organization and by frequent examina¬ 
tions ascertains the financial conditions of the companies. 
In case of companies from other states or countries wishing 
.to do business in Michigan, financial showing of their con¬ 
dition must be made and a resident attorney appointed to re¬ 
ceive service of process before permission is granted to do 
business. All companies, resident and non-resident, are re¬ 
quired to file an annual statement before their licenses are 
renewed. Corporate societies and fraternal beneficiary as¬ 
sociations are also required to make report and to obtain 
a license to transact business in the state. 

The Commissioner of Railroads.— The commissioner 
examines and inspects the railroad tracks, bridges and build¬ 
ings in every county at least once every year to see if they are 
in safe condition. An annual report is required of every 
railroad on its conditions and traffic operations for the year. 
He also may order safety gates or flagmen, regulate the 
speed upon defective tracks, require reports of all accidents 
resulting in a loss of life and in general see that the laws 
are observed as affecting the personal convenience and 
safety of the people in railroad travel. 

Commissioner of Labor. —The commissioner collects 
and publishes statistics relating to all departments of labor. 

13 




AND LOCAL GOVERNMENT. 


185 


It is his duty to see that all laws are complied with as to 
employment of child labor and to securing healthful and 
safe conditions for factory and mill operators and others. 
Valuable information is also secured as to industrial condi¬ 
tions in many lines. The commissioner is assisted by a 
corps of factory inspectors. 

Commissioner of Banking. —It is the duty of this de¬ 
partment to supervise the business and conduct of banks 
and trust companies doing business in the state. Examina¬ 
tions are made annually, semi-annually or at the request of 
the board of directors as to the conditions and affairs of 
the banks. Examiners are employed to assist the commis¬ 
sioner. 

Dairy and Food Commissioner. —The commissioner and 
his assistants make investigations into the quality of dairy, 
food and drink products and the constituents of food of¬ 
fered for sale in the state. Samples are obtained in the 
market in all parts of the state and analyzed. Violations 
of the law as to impure and adulterated food products are 
prosecuted. 

State Librarian. —The librarian has charge of the state 
library and its affairs; expends the money appropriated for 
books; prepares catalogs;, has charge of the exchange of 
state publications and documents with other libraries, 
societies and institutions; has charge of the traveling 
and associate library system of the state; has charge of all 
the collections of the state pioneer society; is at the head 
of the department of registration of granges and women’s 
clubs; distributes the United States statutes to certain 
judicial officers; has charge of the distribution of Michigan 
supreme court reports. The librarian gives a bond of ten 
thousand dollars, also a bond of five thousand to cover the 
supreme court reports. 


186 


MICHIGAN STATE 


Game and Fish Warden.— This officer’s duty is to en¬ 
force all laws enacted for the protection of game and fish. 
He may have not to' exceed ten deputies to assist him, and 
may also appoint not to exceed three residents in each 
county as county game and fish wardens. He may serve 
papers and make arrests the same as a sherifif. 

State Inspector of Illuminating Oils. —The inspector 
and his deputies, not to exceed twenty-two in number, are 
required to inspect illuminating oils and to reject all that 
do not answer the required test. ‘The fee for inspection is 
one-fifth of a cent per gallon, to be paid by the owner. 

The Commissioner of Mineral Statistics. —This officer 
collects, classifies and arranges specimens of copper, iron 
and other ores and rocks each year. These collections are 
at the disposal of the state board of education for distribu¬ 
tion to the state educational institutions. He procures re¬ 
ports of mining operations which form the basis for com¬ 
puting the specific taxes by the auditor general. 

The State Salt Inspector. —The law requires that all 
salt sold within the state or exported shall be inspected. 
The salt making territory is divided into districts and a 
deputy inspector named for each. The owners pay three 
mills for each two hundred eighty pounds offered for in¬ 
spection. It is required that the inspector shall not be in¬ 
terested in the*manufacture or sale of salt and maintain an 
office in the county that produces two hundred fifty thou¬ 
sand barrels or more per annum. Stringent laws are in 
force to protect the quality of the product, which are to be 
enforced by the inspector. The department is self-sup¬ 
porting. 

State Highway Commissioner. —This commisioner is 
charged with the giving of instruction in the art of building, 
improving and repairing public wagon roads and bridges, 




AND LOCAL GOVERNMENT. 


1ST 


collecting reports from county and township highway officers 
and with the distributing of any rewards that may be offered 
by state or national governments for road improvements. He 
is appointed by the Governor for a term of four years at a 
salary of twenty-five hundred dollars a year. The'commis- 
sioner may appoint a deputy, who shall be a competent civil 
engineer, and also other employees, as may be necessary, pro¬ 
vided that the running expenses of the department shall not 
exceed ten thousand dollars in any one year. 

Salaries. —Commissioners: Insurance, $2,000.00; rail¬ 
road, $2,500.00; labor, $2,500.00; banking, $2,500.00; dairy 
and food, $2,000.00. Librarian, $1,500.00; game and fish 
warden, $2,000.00; state inspector of oils, $1,500.00; com¬ 
missioner of mineral statistics, $2,500.00 (including all ex¬ 
penses) ; state inspector of salt, $1,500.00; state highway 
commissioner, $2,500.00. 

Questions on the Text. 

The questions on the text for this chapter are quite the same for 
each officer. Each paragraph contains the duty of the commissioner 
or other officer and little else. These are important matters, how¬ 
ever, and it is suggested that the duties of each officer be given with 
much care and fullness. 

Home Study Questions. 

Name as many kinds of insurance as you can. 

What are stock companies? Mutual companies? 

Name some prominent fraternal insurance orders. 

Upon what principles is stock company insurance based? Fra¬ 
ternal ? 

Show how the insurance commissioner protects the interests of 
nearly every family in the state. 

What is a grade crossing? 

What means arc used to protect grade crossings? 

What are some of the conditions that may make factory labor 
unhealthful or dangerous? 

Show why bank examiners should be very careful in their work. 

How is oil tested? 

Who was the first state geologist? 

What are the leading salt sections of the state? 

i] n ,913 and every four years thereafter the state highway commissioner shall 
he noniinatt d and elected by the people at the sa ne time and in the same manner 
as tin j tiits of the supreme court. 







188 


MICHIGAN STATE 


CHAPTER XXVII. 

■% 

STATE BOARDS—-EX-OFFICIO. 

State Auditors.—Secretary of state, treasurer, commis¬ 
sioner of the land office. It is the duty of this board to ex¬ 
amine, adjust and settle all claims against the state and to 
settle with every officer and agent of the state when not 
otherwise provided by law. The board meets the last Wed¬ 
nesday of each month at the office of the secretary of state. 
This board also makes the contracts wi J h persons or firms 
for fuel, stationery and printing for the state. Contracts for 
stationery and for state printing are let once in two years to 
the lowest bidder. 

Equalization.—See Chapter VII. “Taxation/’ 

Canvassers.—Secretary of state, treasurer, commissioner 
of the land office. The only duty this board has is to de¬ 
termine and certify the results of elections. The secretary 
of state receives and certifies the returns and calls a meet¬ 
ing of the board to canvass and ascertain the results of 
elections other than for presidential electors on or before 
December fifteenth affier a general election and within 
forty days after a special election, to canvass votes for 
electors on Wednesday next after the third Monday of 
November, to canvass votes on constitutional amendment or 
banking law on or before twentieth of month next after 
election. A certified statement is filed with the secretary 
of state and by him published for two weeks in a Lansing 
newspaper. 

Railroad Crossings.—Attorney-general, secretary of state, 
commissioner of railroads. It is the duty of this board to 
approve of railroad maps where the route proposes to cross 


AND LOCAL GOVERNMENT. 


189 


other roads. Both railroads may appear before the board 
ten days’ notice having been given. These officers are to 
see that crossings are made with all the safeguards neces¬ 
sary for the protection of the public. The attorney-general 
and secretary of state receive five dollars a day when serv¬ 
ing on this board, which sum is paid by the interested roads. 

State Geological Survey.— Governor, superintendent of 
public instruction, president of state board of education. 
They shall control and supervise the continuance and com¬ 
pletion of the geological survey of the state. They may em¬ 
ploy assistants. It is the duty of the board to make or 
cause to be made a thorough geological and mineralogical 
survey of the state, embracing a determination of the suc¬ 
cession and arrangement, thickness and position of all strata 
and rocks, their mineral character and contents and their 
economical uses; an investigation of soils and the deter¬ 
mination of their agricultural adaptation; an investigation 
of all desposits of borax, coal, marl, clay, gypsum, lime, 
petroleum, and metals and metallic ores, building stone, 
marble, grit-stone, materials for mortar and cement, min¬ 
eral paint and all other productions of the geological world 
within the limits of this state capable of being converted 
to the uses of man. 

Fund Commissioners. —Governor, treasurer, auditor 
general. Whenever there is a surplus in the state treasury 
over and above all liabilities, this board may invest the 
same as they may find for the best interests of the state in 
the purchase of bonds or other liabilities of the state not 
yet due or, failing to purchase any such, they may purchase 
United States bonds. 

Internal Improvement. —Treasurer, secretary of state, 
auditor general. The constitution (Art. XIV. 9) forbids 
the state’s being interested in works of internal improve¬ 
ments, hence this board is virtually obsolete. It is interest- 


190 


MICHIGAN STATE 


ing historically calling to mind the St. Mary’s Falls Ship 
Canal, Portage Lake and Lake Superior Ship Canal, Clin¬ 
ton and Kalamazoo Canal and various other projects for 
internal improvements of an early day. 

Control of St. Mary’s Falls Ship Canal and of the 
Portage Lake and Lake Superior Ship Canal.—Gov¬ 
ernor, auditor general, treasurer. Both of these canals have 
been transferred to and are operated by the United States 
government. This board has little left to do. 

Control of State Swamp Lands.—Governor, secretary 
of state, auditor general, treasurer, attorney-general, com¬ 
missioner of the land office. An- early act of the legisla¬ 
ture provided for the construction of state roads and ditches 
to drain and reclaim swamp lands. This board has super¬ 
vision of the surveys and contracts for the work as done 
under the direction of commissioners, one of whom is ap¬ 
pointed for each road. 

Bureau of Statistics of Labor.—Commissioner of labor, 
deputy commissioner of labor, secretary of state. It is the 
duty of this bureau to collect and publish statistics of all 
departments of labor, including the penal institutions. 
These include the number, nativity, sex and the social, 
mental and moral conditions of the laborers; the sanitary 
conditions of the institutions and the subjects of corpora¬ 
tions, strikes, trades unions, and their effects upon labor 
and capital. 

Free Employment Bureaus.—The Commissioner of 
Labor shall organize and establish in all cities of fifty thou¬ 
sand inhabitants or over a free employment bureau for the 
purpose of receiving applications of persons seeking employ¬ 
ment and persons seeking to employ labor. No charge what¬ 
ever is made. 

Railroad Consolidations. — Attorney-general, commis¬ 
sioner of railroads, secretary of state. This board is to ex- 






GRAND TRUNK R. R. TUNNEL NEAR PORT HURON. 
(See p. 214, Hemans' History of Michigan.) 


AND LOCAL GOVERNMENT. 191 


amine the articles of consolidation when two or more rail¬ 
roads propose to consolidate to ascertain whether they have 
complied with the constitution and laws of the state. 

Review of the Assessment of Telegraph and Tele= 
phone Lines. —Auditor general, treasurer, commissioner of 
the land office. This board of review, during the month of 
July each year, assess the telegraph and telephone lines. 
The board may inspect the different lines and are allowed 
three dollars a day when so engaged. 


Questions on the Text. 

The following outline is suggested to bring out the facts 
concerning each board. A table may be made. 

Name of the board. What officers constitute. Duties of 
the board. When the board meets if a stated time is men¬ 
tioned. 












192 


MICHIGAN STATE 


CHAPTER XXVIII. 

STATE BOARDS—APPOINTIVE. 

Corrections and Charities.—This board consists of four 
commissioners appointed one each two years for a term of 
eight years by the governor, who is ex-officio a member. 
The board appoints a secretary, who gives his entire time 
to the office, which is maintained in the capitol at Lansing. 
An agent of the board may be appointed by the governor 
in every county. 

The work of the board is of great importance to the crim¬ 
inal and unfortunate classes. The state penal, charitable 
and reformatory institutions are visited annually by the 
board, and each jail and county poor house by one of the 
commissioners or by the secretary. Report is made on jails 
to the board of supervisors and poor houses to the super¬ 
intendents of poor, stating the conditions in these institu¬ 
tions and recommending such changes as they deem neces¬ 
sary. The board examines the plans for new jails before 
contracts are made. 

The county agent examines into the facts and circum¬ 
stances attending the commission of any crime by a child 
under seventeen years of age; reports to the court all 
the facts, and also the parentage, previous habits and char¬ 
acter of the accused and his parents, the companionships 
and surroundings of the child, attend the trial if one is 
held and counsel with the court as to the disposition of the 
case. The county agents also seek suitable homes for chil¬ 
dren arrested for offenses or committed to any state institu j 
tion and for abandoned or neglected children in charge of 




AND LOCAL GOVERNMENT. 


193 


any state institution or officer, visits them where placed in 
homes, and changes homes and guardians when neces¬ 
sary. Children from the state public school at Coldwater 
are adopted under the direction of the county agent. The 
members of the board receive no compensation for their 
services, but are allowed actual expenses. 

State Board of Health. — This board consists of seven 
members appointed by the governor for a term of six years, 
one of whom shall be appointed as secretary. It is the work of 
this board to restrict and suppress dangerous communicable 
diseases by investigating the origin and spread of epidemics 
and publishing and distributing of circulars of information; 
to hold sanitary conventions in different places to interest 
and instruct people as to heating,' lighting, ventilation, 
sewerage, water supply, adulteration of food, contagious 
diseases, school sanitation and similar subjects. Large 
amounts of literature along these lines is distributed, espe¬ 
cially where a contagious disease prevails. Statements of 
the principal modes by which each of the dangerous com¬ 
municable diseases are spread and the best methods of re¬ 
striction and prevention are sent to school superintendents 
and teachers throughout the state. 

Advisory Board in the Matter of Pardons.— This 
board consists of three members appointed by the governor 
for terms of six years. At least one member shall be an 
attorney and one a physician. The board members receive 
seven dollars per day and expenses, but time spent must 
not exceed six months in any year. The governor’s execu¬ 
tive clerk is secretary of the board. It is the duty of the 
board to investigate every application for pardon or commu¬ 
tation of sentence or parole referred to them by the govern¬ 
or, and make a recommendation to the governor. No recom¬ 
mendation is made unless at least two members concur. 

State Tax Commissioners. —This board consists of three 


194 


MICHIGAN STATE 


members appointed by the governor for a term of six years 
and who receive an annual salary of twenty-five hundred 
dollars and necessary expenses. The board appoints its own 
secretary, who receives two thousand dollars per annum. 
Regular sessions of the board are held at Lansing the first 
Tuesday of March, June, July, August, September and 
October. It is the duty of the board to exercise general 
supervision over the supervisors and other assessing officers 
of the state and see that all property of the state liable to 
assessment is placed upon the rolls and assessed at actual 
cash value. Each county in the state is visited each year 
to confer with the assessing officers, to hear complaints, 
to observe the workings of the tax laws and to see that all 
assessing and taxation officers comply with the law. 

It is provided that the state tax commissioners shall ex- 
officio constitute a state board of assessors. It is the duty 
of this board to make an annual assessment of railroad, 
union station and depot, express, car loaning, refrigerator 
and fast line freight companies. 

Library Commissioners. —Four members are appointed 
to this board by the governor for a term of four years each, 
with the state librarian ex-offcio a member. It is the duty 
of the library commission to advise all free libraries and all 
communities which propose to establish libraries as to the 
best means of establishing and administering them. The 
members serve without pay, except that one member may 
be appointed as secretary, compensation to be fixed by the 
commissioners. 

Board of Pharmacy. —The board of pharmacy consists 
of five members, one appointed each year, for a term of five 
years. The board elects of its own members' a president, sec¬ 
retary and treasurer, the two latter receiving a salary fixed 


AND LOCAL GOVERNMENT'. 


195 


by the board while the other members receive three dol¬ 
lars a day and necessary expenses while in the performance 
of official duties. Salaries and expenses are paid from fees 
received. Meetings are held on the first Tuesdays of March, 
July and November to examine applicants for registration 
as pharmacists and to grant certificates to such as may be 
entitled to them. The board also grants certificates of reg¬ 
istered assistant. The fees are three dollars and one dollar 
respectively. These certificates are to be renewed annually 
and are so renewed by the payment of a renewal fee of 
one dollar and fifty cents respectively.. 

Fish Commissioners.— There are three commissioners 
appointed by the governor for. six years each. This board 
locates and maintains establishments for the propagation 
and cultivation of whitefish and other kinds of food* fish. 
A superintendent is employed by the board who devotes his 
entire time to gathering ova, hatching, planting, distributing 
fish and superintending the practical operations of the work 
of the board. 

Law Examiners.— The board of law examiners consists 
of five competent lawyers appointed by the governor on the 
recommendation of the supreme court for five years each. 
At least two examinations are held each year at Lansing 
during sessions of the supreme court, for the purpose of ex¬ 
amining applicants for admission to the bar as to legal learn¬ 
ing and general qualification to practice in the courts of 
Michigan. Candidates must have studied law at least three 
years. A fee of ten dollars is paid. The examiners receive 
ten dollars a day for time actually spent and necessary ex¬ 
penses, but compensation and expenses shall not exceed the 
amounts received from applicants. 

Examiners in Dentistry.— The board of examiners in 
dentistry consists of three practical dentists, graduates of a 
reputable dental college, appointed one each year by the 




196 


MICHIGAN STATE 


governor for a term of three years. At least one meeting a 
year is held by the board to examine applicants who desire 
to practice dentistry. A fee of ten dollars is required which 
constitutes a fund to defray the expenses of the board, each 
member receiving three dollars a day for services. 

Board of Registration in Medicine.—This board con¬ 
sists of ten resident freeholders, appointed by the governor 
for a term of four years. Of these not more than five shall 
be from the school known as regular, two from the Homeo¬ 
pathic, two from the Eclectic, and one from the Physio- 
Medical ; they shall be graduates of medical colleges with 
six years experience, and may be appointed from lists pro¬ 
posed by the four legally incorporated medical societies. It 
is the duty of the board to provide for the registration and 
examination of all persons who propose to practice medi¬ 
cine in Michigan. Two regular meetings of the board are 
held annually on the second Tuesday of June and October. 
The board receives no pay, but actual expenses are allowed. 

Live Stock Sanitary Commission.—This commission 
consists of three practical agriculturists engaged in stock 
raising, appointed by the governor, one each two years for 
a term of six years. It is the duty of the commission to 
protect the health of domestic animals from contagious or 
infectious diseases and it is authorized to establish and en¬ 
force quarantine, sanitary and other regulations. Owners of 
stock are required to report to the commission or local board 
of health the presence of any contagious or infectious disease. 
The commission will investigate, quarantine and may order 
diseased animals killed, the owner to be paid for the animal. 
The commission has the assistance of a skilled veterinary 
surgeon appointed by the governor for a term of two years. 
The commissioners receive three dollars a day for actual 
services. 


AND LOCAL GOVERNMENT. 


197 


Forestry Commissioners.— The forestry commission 
consists of the land commissioner and two others appointed 
by the governor for a term of four years. No compensa¬ 
tion is allowed except that the secretary may receive three 
hundred dollars per annum. Expenses are paid. The com¬ 
mission inquires into the condition of the timber lands of 
the state; the amount and value of the timber cut each year 
and for what used; the extent to which timber lands are 
being destroyed by fires, wasteful cutting or for the pur¬ 
pose of clearing for tillage; the effects of the lessening of 
the timber areas as to rainfall and climate. 

Veterinary Board.— The governor appoints three resi¬ 
dent citizens of the United States, who are graduates of a 
veterinary college and with three years’ experience to con¬ 
stitute a state veterinary board who shall serve without com¬ 
pensation except expenses. The board provides for the reg¬ 
istration and examination of persons who wish to practice 
veterinary medicine and surgery. The registration fee is 
fifty cents, the examination fee three dollars. The board 
meets the first Tuesday after the first Monday of February 
and August each year. 

Board to Regulate the Practice of Horse=shoeing.— 

No person shall practice horse-shoeing in any city of the 
state of ten thousand or upwards unless he has registered 
and has a certificate granted by the board of examiners. 
This board consists of one veterinary surgeon, two master 
horse-shoers, two journeyman horse-shoers, appointed by the 
governor for terms of five years. The secretary and presi¬ 
dent of the board receive a salary fixed by the board, the 
other members three dollars a day and expenses. Meetings 
are held the first Tuesday of March and September and 
oftener if neccessary. Persons granted certificates are to 
be eighteen years of age, of temperate habits and are to 
pass a satisfactory examination. The fee is three dollars. 


198 


MICHIGAN STATE 


Mackinac Island State Park Commission.— By act of 

congress the military reservation and buildings and the lands 
of the National Park on Mackinac Island were ceded by the 
United States to Michigan for a state park. The park is 
under the control of a board of commissioners of five mem¬ 
bers appointed by the governor for a term of ten years to 
serve without pay except expenses for not to exceed one 
week a year. The commission is to lay out and manage the 
park, preserve the old fort and make rules and regulations 
to control the park. It can make leases, fix rentals and grant 
franchises for not to exceed thirty years for water works, 
sewerage and lighting. A superintendent is employed by 
the board. It has been provided by the legislature that *he 
fort will be restored whenever the United States may deter¬ 
mine to regarrison it. 

Insurance Policy Commission. —A commission consist¬ 
ing of the commissioner of insurance, attorney general and 
one other suitable person appointed by the governor for a 
term of two years is charged with the duty of adopting a 
standard form of insurance policy to be used by all com¬ 
panies doing business in the state under penalty of a fine 
for each policy issued contrary to law. The Michigan stand¬ 
ard policy is to maintain fairness and equity between the 
insurers and the assured, to be brief and simple, to avoid 
technical words and phrases, to avoid misleading conditions, 
to use as large type as is consistent and to place each con¬ 
dition in a separate paragraph and number it. 

Examination and Licensing Barbers.— It is unlawful 
for any person to follow the occupation of barber without a 
certificate or license granted by a board of examiners con¬ 
sisting of three barbers appointed by the governor one each 
year for a term of three years. The member whose term 
soonest expires is president, the next soonest treasurer, and 
the longest to serve, secretary. The secretary receives a sab 


AND LOCAL GOVERNMENT. 


199 


ary of six hundred dollars and the treasurer five hundred 
dollars. At least four meetings a year are held in differ¬ 
ent places, one in the upper peninsula, notice of which are 
required to be made in at least two daily papers of the 
state. Examinations include the use and antiseptic treatment 
of barbers’ tools and the nature and effect of skin and scalp 
diseases. A fee of five dollars is required. 

Railroad and Street Crossing Board. —When a railroad 
crosses a street or highway a separation of grades may be 
effected by an agreement between the railroad and the coun¬ 
cil, if the crossing is in the city, the board of supervisors or 
highway commissioner if in the country. When an agree¬ 
ment cannot be reached by these representatives the matter 
may be referred to the railroad and street crossing board, 
consisting of the commissioner of railroads and two persons 
appointed by the governor one each two years for a term 
of four years. The two appointed members receive ten dol¬ 
lars a day for actual services. 

Control of Railroads. —The governor ex-officio and six 
commissioners, appointed by him, for a term of four years, 
constitute a board to manage and dispose of all lands appro¬ 
priated for the construction of railroads. The members 
receive four dollars per day and expenses, to be apportioned 
among the different companies as the board may deem 
equitable. 

Jury Commissioners.— Boards of jury commissioners to 
be appointed by the governor for the purpose of selecting 
grand and petit jurors in their respective counties, have 
been provided as follows: Wayne county, 1893, a board 
of seven; Saginaw county, 1889, a board of three; Macomb 
county, 1895, a board of six* St. Clair county, 1901, a 
board of nine; Berrien county, 1905, a board of three. 

Board of Accountancy. —This board consists of three 
members appointed by the governor for a term of three 


200 


MICHIGAN STATE 


years each; two of these shall be public accountants and one 
a practicing attorney. The board shall hold at least two 
examinations each year. A fee of twenty-five dollars is 
required. The governor issues certificates to those persons 
recommended to him by the board. Persons holding certifi¬ 
cates are permitted to use the title “certified public account¬ 
ant” and the abbreviations “C. P. A.” Members of the 
board receive ten dollars per day and expenses. 

Suggestions and Material. 

The functions of these boards is of great importance and 
the work touches absolutely every community in the state. 
The general duties should be well known. 

It may be observed that the work of many of the boards 
relates itself to other boards or offices and when this is the 
case the connection should be shown and the work unified 
and harmonized. 

Make the instruction practical by the use of reports, items 
from the papers, and information gathered by the pupils. 
Every teacher receives the circulars of the state board of 
health, every taxpayer is interested in the state tax 
commission, every drug store will have pharmacy cer¬ 
tificates, every dentist and doctor will have their certifi¬ 
cates of registration, and every barber shop will have one or 
more licenses. Practical illustrations of the work of the 
forestry commission, veterinary board and live stock sani¬ 
tary commission can frequently be found. 

Questions on the Text. 

The following points should be brought out regarding 
each of the appointive boards: 

How many members of the board ? Who appoints ? 
Term? What restrictions, if any, as to what persons must 
be appointed to membership ? Compensation ? Duties ? 

14 




AND LOCAL GOVERNMENT. 


201 


CHAPTER XXIX. 

STATE INSTITUTIONS. 

Educational. 

University of Michigan.Ann Arbor. 

State Agricultural College.Lansing. 

State Normal College.Ypsilanti. 

Central State Normal School.Mt. Pleasant. 

Northern State Normal School.Marquette. 

Western State Normal School.Kalamazoo. 

College of Mines.Houghton. 

School for the Deaf. . ..Flint. 

School for the Blind.Lansing. 

Employment Institution for the Blind. . .Saginaw. 

State Public School.Coldwater. 

Industrial School for Boys.Lansing. 

Industrial Home for Girls.Adrian. 

Charitable. 

Soldiers’ Home.Grand Rapids. 

Home for Feeble Minded and Epileptic. Lapeer. 

Michigan Asylum for the Insane.Kalamazoo. 

Eastern Michigan Asylum.Pontiac. 

Northern Michigan Asylum.Traverse City. 

Upper Peninsula Hospital for Insane... .Newberry. 

State Sanatorium.Howell. 

Penal. 

State Prison.Jackson. 

House of Correction and Branch Prison.Marquette. 

Michigan Reformatory. Ionia. 

Detroit House of Correction (see page 214).Detroit. 























MICHIGAN STATE 


2 )2 

University of Michigan. —The university was organized 
in 1837, an d today ranks in character and attendance among 
the few leading colleges in the United States. It occupies 
a tract of eighty-six acres with athletic fields and other 
property in addition, with an appraised valuation of 
$3,265,266.62. Its enrollment is approximately five thou¬ 
sand students in its several departments, which include 
those of literature, science and arts, engineering, medicine 
and surgery, pharmacy, dentistry and homeopathic medical 
department. The general government of the institution is 
vested in the board of regents, while the immediate manage¬ 
ment is in the hands of the president and the several fac¬ 
ulties. A matriculation fee is paid by all students when 
entering the university, which is ten dollars for Michigan 
students, and twenty-five for non-residents. In the literary 
department an annual fee of thirty dollars is required of 
resident students and forty dollars of non-residents; in the 
other departments the annual fee is thirty-five and forty- 
five dollars, respectively. 

State Agricultural College. —The Michigan Agricultural 
College was the first institution of the kind in the United 
States. It was established February 12, 1855, the legisla¬ 
ture of 1857 appropriating the money for the buildings and 
equipment. The farm, consisting of 684 acres, is situated 
three miles east of Lansing. The present value of the farm, 
buildings and equipment is $1,034,727.07. In addition to 
appropriations from the legislature and receipts from the 
sale of products of the farm and from students’ fees, the 
college receives interest on the funds derived from the sale 
of lands granted by the general government in 1862, 
$25,000.00 per annum from the United States treasury under 
the Morrill act of 1890 and $15,000.00 per annum under 
the Hatch experiment station act for experimental work. 


AND LOCAL GOVERNMENT. 


203 


The management of the institution is vested in the state 
board of agriculture, consisting of six members elected two 
each two years at the spring election for a term of six years. 
The board shall as often as necessary elect a president of the 
agricultural college, who shall be ex-officio a member of the 
board with the privilege of speaking but not of voting. 
He shall preside at the meetings of the board and be the 
principal executive officer of the college. The board has the 
general supervision of the college and the direction and con¬ 
trol of all agricultural college funds. 

State Normal College. — The normal school system of the 
state is under the control of the state board of education. 
The Normal College was organized March 28, 1849, an d 
occupies seven buildings, covering thirty-nine acres of 
ground. This is one of the older normal schools in the 
United States and enjoys the reputation of being one of the 
largest and best. The value of the property is $469,289.36. 

Central State Normal School. —This institution was 
started by private enterprise, and after being managed suc¬ 
cessfully for several years, was turned over to the state Jan. 
1, 1897, and opened as a state school the following Sep¬ 
tember. The institution has grown rapidly and solidly and 
now occupies several buildings on a twenty acre campus, 
the whole property being worth $220,000.00. 

Northern State Normal School. —The Northern Normal 
was located in the upper peninsula to meet the demands of 
that section of the state for trained teachers, the location 
of the other schools making it a hardship for the young 
people of the upper peninsula to reach them. The school 
occupies a campus of twenty acres overlooking Lake Supe¬ 
rior. The value of the property is $207,813.08. 

Western State Normal School. — The fourth and last of 
the state normals is located on a fine site containing twenty 
acres donated by the city of Kalamazoo who voted at the 


204 


MICHIGAN STATE 


same time other privileges and immunities. This school 
was created to meet the demands of the rich and 
populous areas of south-western Michigan. The contract 
for the first building was let April 23, 1904, for $53,500.00. 
The school opened in the fall of the same year. The value 
of the buildings and grounds is $260,000.00. 

College of Mines. —Few technical or special schools are 
as finely located as is Michigan’s mining school, being sit¬ 
uated in the heart of the copper country and in the midst 
of great mining operations. The school was created by act 
of the legislature May 1, 1885, and was first opened to 
students September, 1886. Its first cost was $142,500.00, 
but its plant is now valued at $651,893.48. The number of 
students is not large but the character of the work is very 
high and its advantages unexcelled. The school is under 
the control and management of a board of six members, 
not less than four of whom shall be residents of the upper 
peninsula, appointed by the governor two each year for a 
term of six years. 

School for the Deaf. —The School for the Deaf was 
established in 1854, an d h as graduated since its founding 
1,743 students. In addition to the usual studies appropriate 
trades are taught. The value of the buildings and grounds 
is $531,928.10. The supervision and government of the 
school is vested in a board of trustees of three members 
appointed by the governor for terms of six years. Persons 
are admitted to the school between the ages of seven and 
twenty-one years, whose defective hearing prevents them 
from receiving instruction in the public schools, to remain 
not to exceed thirteen years. They must be sound in body 
and mind and residents of the state. No charge is made 
for tuition, boarding, lodging, washing, medicine or medical 
attendance. Persons outside of the ages given or non-resi¬ 
dents may be admitted by the board at a compensation fixed 
by the board. 


AND LOCAL GOVERNMENT. 


205 


School for the Blind.— The grounds of the blind school 
comprise forty-five acres and with buildings are valued at 
$178,196.32. The school was organized in 1881. The man¬ 
agement is vested in a board of control of three members 
appointed by the governor for a term of six years. Persons 
who are sound in body and mind and residents of the state, 
whose defective sight prevents their receiving instruction 
in the public schools are admitted between the ages of seven 
and nineteen years without any charge, as in the School for 
the Deaf. They are entitled to remain twelve years, and 
the time may be extended to fourteen. The usual school 
studies are taught, also vocal and instrumental music and 
mechanical trades. The boys learn piano tuning, broom 
and hammock making. The girls learn knitting, sewing, 
cooking and household duties. 

State Public School.—The State Public School at Cold- 
water, which was the first school of the kind in the world, 
was established in 1871 and opened in May, 1874. Its first 
cost was $93,000.00 and its present valuation $280,945.51. 
The management of the institution is vested in a board of 
control consisting of three members appointed by the gov¬ 
ernor for terms of six years. The purpose of the school is 
to provide a temporary home for dependent children until 
they can be placed in family homes. More than five thou¬ 
sand children have been received into the institution, most 
of whom have found good homes. Any dependent child 
under twelve years of age may be received and they may be 
retained until they are sixteen, when they are returned to 
the counties from which they were sent. An employe of 
the school, known as the state agent, finds suitable homes, 
visits children who have been put in homes, and investigates 
applications for children. Regular graded schools are main¬ 
tained, although the transitory character of the attendance 


206 


MICHIGAN STATE 


makes the work unsatisfactory. When old enough the 
children are taught useful work. 

Industrial School for Boys.—This school was established 
in 1855, and was known until 1893 as the “Reform School.” 
It is located on a property of 290 acres of land at Lansing, 
which, with the buildings, is valued at $426,786.35. The 
management is vested in a board of trustees of three mem¬ 
bers appointed by the governor for a term of six years. 
Boys are committed to the institution between the ages of 
ten and sixteen years and are discharged at seventeen. Boys 
may be placed in suitable homes, and may also be given a 
leave of absence, which may be forfeited in case of miscon¬ 
duct. Common school instruction is given and industrial 
trades, carpentry, printing, baking, shoemaking, tailoring, 
painting and farming are taught. There are usually from 
five hundred to six hundred boys in the school. 

Industrial Home for Girls.—This home was established 
one mile from Adrian in 1879, and until 1883 was known as 
the “Reform School for Girls.” Its property consists of 113 
acres of land and buildings valueci at $254,205.88. The 
management is vested in a board of three persons, one of 
whom at least shall be a woman, appointed by the governor 
for a term of six years under the corporate name of “Guar¬ 
dians of the Industrial Home for Girls.” Girls are com¬ 
mitted to the institution between the ages of ten and seven¬ 
teen years of age and remain until they are twenty-one. In 
addition to the ordinary school work they are taught, the 
duties of housekeeping, cooking, sewing, knitting and dress¬ 
making. There are usually about three hundred fifty girls 
in the home. An average of one hundred are out on contract. 

Soldier’s Home.—The Michigan Soldiers’ Home was 
established in 1885 and is located three miles north of Grand 
Rapids on a tract of 132 acres given by the city of Grand 
Rapids. The present value of the property is $325,300.00. 



AND LOCAL GOVERNMENT. 207 

The management of the home is vested in a board of man¬ 
agers of six members, two appointed each two years by the 
governor for a term of six years. The governor is a mem¬ 
ber and chairman ex-officio of the board. The immediate 
control is under the commandant who is appointed by the 
board. All honorably discharged soldiers, sailors or marines 
who were credited to Michigan or who have been residents 
of the state one year, are eligible to admission. There is 
also a provision for caring for wives and mothers of those 
who are eligible. In addition to state support the United 
States government allows money to state homes. The 
capacity of the home is about one thousand inmates. 

Home for Feeble Minded and Epileptic.—This home 
was established in 1893 and located at Lapeer on a tract of 
land of 160 acres donated by that city. A board of three 
members is appointed by the governor for a term of six 
years to supervise and manage the home. The object of the 
institution is to provide intellectual, moral and physical 
training for persons who have been born or by disease have 
become imbecile, or feeble-minded or epileptic, and to ame¬ 
liorate their unhappy condition and fit them as far as pos¬ 
sible for future usefulness. Legal residents of the state 
above six years of age may he admitted free of all charge 
in the discretion of the board. When parents or guardians 
are able they may be required to pay in whole or in part for 
their care. The present value of the home is $488,851.63. 
There are about 800 inmates. 

Michigan Insane Asylum.— The Michigan Asylum at 
Kalamazoo is the oldest in the state. It was established in 
1848, and was opened for patients in 1859. There are 
thirteen buildings and 1,053 acres of land worth $1,405,- 
780.35. There are about 1,800 patients. The board of 
trustees for each of the asylums consists of six members 
appointed by the governor for six years, two each two 
years. 



208 


MICHIGAN STATE 


Eastern Michigan Asylum.—The Eastern Asylum, 
which is located at Pontiac, occupies a tract of 600 acres of 
land, which with buildings, is valued at $1,197,936.71. There 
are over 1,300 patients. It was organized in 1877 and opened 
for patients in 1878. 

Northern Michigan Asylum.—The Northern Asylum, 
which was organized in 1881 and opened in 1885, is located 
at Traverse City on a tract of land containing 688 acres 
valued at $955,199.72. There are about 1,300 patients. 

Upper Peninsula Hospital for the Insane.— This is the 
latest of the asylums and is built on a different plan from 
the others. It cares for the patients on the cottage plan. 
Fourteen cottages have been built, which number is to be in¬ 
creased to twenty. Under this system patients are better 
classified, danger from fire is less and ventilation is more 
perfect. The value of the property is $657,000.00. The 
number of patients is about 700. 

State Asylum for Insane Criminals.—This institution, 
which was organized in 1885, was first known as The Mich¬ 
igan Asylum for Insane Criminals. This was changed in 
1891 to Michigan Asylum for Dangerous and Criminal In¬ 
sane and again in 1899 to State Asylum. The seven build¬ 
ings occupy a tract of 217 acres of land, valued altogether 
at $374,676.96. The number of inmates is about 300. The 
management is vested in a board of trustees of three mem¬ 
bers apointed by the governor for a term of six years. 
This asylum receives persons who commit a crime while 
insane or are acquitted upon trial on the grounds of insanity, 
or who go insane while confined in any of the penal insti¬ 
tutions as a punishment for crime. 

State Prison.— The Jackson State Prison was the first 
prison in the state. It was located at Jackson in 1839. The 
property consists of sixty-two acres, twenty of which are 
occupied with the buildings, the balance is under cultivation. 


AND LOCAL GOVERNMENT. 


209 


The value of the entire property is $1,317,754.88. There are 
about 800 convicts. 

The management of the prisons at Jackson, Marquette 
and Ionia is vested in a board of control for each consisting 
of three members, not more than two of whom shall belong 
to the same political party, appointed by the governor for a 
term of six years. The governor is ex-officio a member of 
each board. The officers of a prison consist of a warden 
appointed by the board, and the following appointed by the 
warden; deputy warden, clerk, chaplain, physician, chief 
engineer and as many guards and keepers as may be neces¬ 
sary. The warden resides at the prison and is required to 
give bonds in the penal sum of twenty thousand dollars. 
Prisoners are employed at hard labor on contracts or in 
making articles for the state institutions. Visitors are 
admitted to the prisons on the payment of twenty-five cents. 

State House of Correction and Branch of the State 
Prison in the Upper Peninsula was established in 1885. 
The property consists of 244 acres of land, which, with the 
buildings is valued at $315,697.36. There are about 300 in¬ 
mates who are employed in making cigars, shoes, overalls, 
and in work on the buildings and grounds. 

Michigan Reformatory.—This institution was located at 
Ionia in 1877 on 190 acres of land. The present value of the 
property is $437,818.10. Short terms and first offenders are 
usually committed to this institution. Those to serve life 
sentences and hardened criminals to Jackson or Marquette. 
The 500 inmates are employed in manufacturing shirts on 
contract and in the care of the institution and grounds. 

Detroit House of Correction.—This institution is not 
a state institution, although the state has a contract with it 
for the care of female prisoners. It was established by the 
common council of Detroit in 1857. The management and 
direction of the house is under the control of a board of 



210 


MICHIGAN STATE 


inspectors appointed by the common council of Detroit upon 
the nomination of the mayor. The board consists of four 
members appointed one each year for a term of four years. 
The board appoints a superintendent for a term of three 
years. A number of counties have contracts with Detroit 
for the caring for prisoners who are sentenced for more 
than sixty days. The law provides that the expense of 
maintaining shall be upon the city of Detroit, but as a mat¬ 
ter of fact the institution is more than self-sustaining and 
pays good dividends into the city treasury. 

State Sanatorium.—Thle State Sanatorium was estab¬ 
lished in 1905 and is located at Howell on a site containing 
270 acres of land. An administration building, and infirm¬ 
ary and three shacks have been completed. The institution 
is for the care and treatment of persons suffering from tuber¬ 
culosis. About fifty patients can be accommodated. 

Suggestions and Material. 

Catalogs of the several educational institutions will usu¬ 
ally have pictures of the buildings, and will also furnish 
information regarding the institution and its work. This 
is a good way to enkindle interest in higher institutions of 
learning which may be encouraged in many ways. Reports 
of the charitable and penal institutions may also be obtained. 

The peculiar character of each institution should be pointed 
out and the reasons for its maintenance given. We may 
honestly boast of the number and the excellence of our state 
institutions, but the facts should be given to justify. The 
teacher will need to look up carefully. 

Accounts of visits to these institutions read or told by 
the teacher or an invited friend will add zest and color 
to the work of the text. 


AND LOCAL GOVERNMENT. 


211 


Call careful attention to the provisions made in the char¬ 
itable and penal institutions for the intellectual and moral 
welfare of the inmates by conducting schools, maintaining 
libraries and reading rooms, securing concerts and lectures, 
providing bibles and prayer books and having religious 
services. 

' Home Study Questions. 

Who founded the University? What was it called? 

Find out other matters, if possible, regarding the founder. 

What are accredited schools? 

What are some of the great universities*of other states? 

Name and locate the denominational colleges of Michigan. 

To what denomination does each belong? 

What are parochial schools? 

Make a list of the well-known private schools in Michigan. 

What is meant by manual training? Domestic science? 

What is co-education? 

What is meant by the dormitory system? 

In which institutions is it maintained ? 

What are some of the special lines of work pursued at 
the M. A. C. ? 

What is an experiment station? 

Where are they located in Michigan? What work do 
they do? 

What are farmerk’ institutes? How conducted? 

What should a student have in view to attend a normal 
school ? 

Name the state institutions in the upper peninsula. 

What other institutions will the state probably need? 

What things can a blind person do as well as if he had 
his sight? 

What a deaf person ? 


212 


MICHIGAN STATE 


What class of unfortunates, if any, can you name that 
the state has not provided for? 

How do blind children read? 

Learn about Helen Kellar. 

What is solitary confinement? Capital punishment? 
What is an indeterminate sentence? 

What is meant by a prisoner making good tune? 


AND LOCAL GOVERNMENT. 


213 


APPENDIX. 

A. 


SPECIAL, SESSIONS 
Date. 

1858, Jan. 12 to Feb. 4, 

1861, May 2 to M ay 10. 

1862, Jan. 2 to Jan. 20, 
1864, Jan. 19 to Feb. 6, 
1870, July 27 to Aug. 10, 
1872, Mar. 13 to Apr. n, 
1872, Apr. 13 to May 24, 
1874, Mar. 3 to Mar. 26, 
1882, Feb. 23 to Mar. 14, 
1892, Aug. 5 to Aug. 8, 

1898, Mar. 22 to Apr. 13, 

1899, D ec - 18 to Jan. 6, 

1900, Dec. 12 to Dec. 22, 
1907, Oct. 7 to Oct. 26, 


population 


1810. 4*762 

1820. 8,9 27 

1830. 3G.639 

1834. 87,278 

1837. 174.619 

1840. 212,267 

1845. 302,521 


OF THE LEGISLATURE. 
Governor. 

Kingsley S. Bingham. 
Austin Blair. 

Austin Blair. 

Austin Blair. 

Henry P. Baldwin. 
Henry P. Baldwin. 
Henry P. Baldwin. 
John J. Bagley. 

David H. Jerome. 
Edwin B. Winans. 
Hazen S. Pingree. 
-Hazen S. Pingree. 
Hazep S. Pingree. 
Fred M. Warner. 


B. 

OF THE STATE. 


1850. 

.397.654 

1854. 

...... 507*521 

i860. 

. 749^13 

1864. 


1870 !. 

. 1,184,282 

1874. 

. 1.334.031 

1880. 

.1.636,937 
















214 


MICHIGAN STATE 


2,241,641 

2,420,982 

2,530,016 


1884..... . 1,853,658 1894 

1890. 2,093,889 1900 

I 9°4 

C. 


POLITICAL MACHINERY. 

Caucuses.— Caucuses are held by each political party in 
each township and ward to elect delegates to city and county 
conventions, and in townships to nominate township officers. 
A caucus is called by the committee and is organized by 
electing a chairman, secretary and tellers, all of whom are 
sworn to perform the duties of their respective offices. If 
effective work is to be done in good government it must 
be done in the primaries, and it is a lamentable fact that 
many citizens neglect the primaries while practical politicians 
are never absent. A list of the delegates elected, signed by 
the chairman and secretary, constitute the credentials which 
must be presented at the convention to which the delegates 
are elected. 

Conventions.— Conventions are held in the city for nomi¬ 
nating city officers, in the county for nominating county 
officers and for naming delegates to the state convention, 
in the state for nominating state officers, presidential elect¬ 
ors and naming delegates to the national conventions, and 
by districts for naming members of congress, members of 
the legislature and circuit judges. These are called by the 
respective party committees, the number of delegates de¬ 
pending usually on the vote cast at the last previous election, 
except in the national conventions, where the delegation 
from each state is twice that state’s representation in con¬ 
gress. This gives Michigan twenty-eight delegates. 

A convention is called to order by the chairman of the 
party committee and a temporary organization affected by 
electing a chairman and secretary and appointing three com¬ 
mittees as follows: Credentials, permanent organization 







AND LOCAL GOVERNMENT. 


215 


and order of business, resolutions. A recess is taken to 
allow the committees time to do their work. Upon reas¬ 
sembling the names of the persons entitled to seats in the 
convention are presented by the committee on credentials, 
the names of the permanent officers and an order of business 
are presented by the second committee and a set of reso¬ 
lutions by the committee on resolutions. These resolutions 
in state and national conventions are called “platform” and 
each, separate resolution a “plankthey are an embodiment 
of party principles upon which the issues of the campaign 
are usually based. The business is then taken up in order 
and the officers nominated or delegates appointed as the case 
may be. 

Committees.— The committees referred to are named in 
the different conventions and have charge of the campaign 
in their respective jurisdictions. Each committee has a chair¬ 
man who is the active head and upon whom most of the re¬ 
sponsibility is placed and who receives most of the credit 
or blame for the success or failure of the campaign. 

D. 

EXPENDITURE OE EDUCATIONAL FUNDS. 

The following amounts have been paid to the several state 
institutions by the state on account of interest, surplus and 
direct appropriations from their organization to June 30th, 


1908: 

Primary Schools.$ 5 I »° 55 ’^ 3 * 22 

University of Michigan (Ann Arbor). 9 > 6 i 6 , 573 - 21 

State Normal College (Ypsilanti). 2,522,340.99 

Central Normal School (Mt. Pleasant). 612,340.00 

Northern Normal School (Marquette). 477 ’ 5 ° 9 - 8 ° 

Western Normal School (Kalamazoo). 252,01700 

Agricultural College (Lansing).•- 3,552,192.41 

College of Mines (Houghton). 1,292,624.99 













216 


MICHIGAN STATIC 


E. 

standard time. 

By act of the legislature, approved February 17, 1885, and 
which went into effect September 19 of the same year, stand¬ 
ard time, central division, based on the ninetieth longitude 
west from Greenwich, was made the legal time for the state. 


F. 

ARBOR DAY. 

Arbor Day, which is being observed annually by proclama¬ 
tion of the governor, was directed by a concurrent resolu¬ 
tion of the legislature, which requested that the governor 
call the attention of the people of this state to the importance 
of planting trees for ornament and shade. The governor has 
named an “Arbor Day” each year since. 

G. 

STATE FEOWER. 

Whereas, a refined sentiment seems to call for the adoption 
of a state flower; and 

Whereas, our blossoming apple trees add much to the 
beauty of our landscape, and Michigan apples have gained 
a world wide reputation; and 

Whereas, at least one of the most fragrant and beautiful 
flowered species of apple, the pyrus corvuaria is native to our 
state; therefore 

Resolved by the senate and house of representatives of the 
state of Michigan, that the apple blossom be and the same 
hereby is designated and adopted as the state flower of the 
state of Michigan. 



AND LOCAL GOVERNMENT. 


21 


H. 

I,EG A I, INTEREST. 

In 1899 the legislature fixed the legal rate of interest at five per 
cent., it being lawful to stipulate in writing for the payment of any 
rate not exceeding seven per cent, whenever a greater rate has been 
directly or indirectly reserved, taken or received than is allowed by 
law, the borrower shall not be compelled to pay any interest. 

I. 

legal holidays. 

The following days are designated as legal holidays: New Year’s 
Day (January first), Lincoln’s Birthday (February 12), Washing¬ 
ton’s Birthday (February twenty-second), Decoration Day (May 
thirtieth), Fourth of July, Labor Day (first Monday in September), 
Columbus Day (October twelfth), Christmas (December twenty- 
fifth). Whenever these holidays fall upon Sunday, the Monday 
following shall be deemed a holiday. The supreme court has held 
(School Dist. vs. Gage 39/484) that a teacher’s wages are not sub¬ 
ject to any deductions on account of vacations occasioned by the ob¬ 
servance of these legal holidays. 

J. 

INSTRUCTION BALLOT. 

Instructions .—In all cases stamp a cross (X) in the circle under 
the name of your party at the head of the ballot. If you desire to 
vote a straight ticket nothing further need be done. Where only 
one candidate is to be elected to any office, and you desire to vote 
for a candidate not on your party ticket, make a cross in the square 
before the name of the candidate for whom you desire to vote on 
the other ticket. Where two or more candidates are to be elected 
to the same office, and you desire to vote for candidates on different 
tickets for such office, make a cross in the square before the names 
of the candidates for whom you desire to vote on the other ticket; 
also erase an equal number of names of candidates on your party 
ticket for the same office for whom you do not desire to vote. If 
you wish to vote for a candidate not on any ticket, write or place 
the name of such candidate on your ticket opposite the name of the 
office. Before leaving the booth fold the ballot so that the initials 
may be seen on the outside. (See next page.) 


Name of Office 
Voted for. . 


PRESIDENTIAL 


EJrffor? ai President 

and-Vice-PrtJtdenl 





Pub] 

TICK E.-: 


o 


□ 


DEMOCRATIC 

v TICKET 




SOCIALIST 
PARTY 



PHFLIP H McMILLAN 
HOMER E, BUCK 
HENRY M. DUFF1ELD 
EDGAR -REXFORD 

.. ...... iV. . . . 

FRANK E. KNAPPEN 
WHITMAN -E. CLARK 
ROBERT B. LOOMIS 
| edward q McPherson 

□ JOHN E. WALLACE 
| WILLIAM M. SMITH*. 

| RARLAN J. DUDLEY 
| EDGAR B. FOSS jF“ C> 

| ALBERT B. COGGER 
OTTO C DAVIDSON. 


THOMAS F. CARROLL 
GILBERT M. STARK 
JOSEPH L.. HUDSON- 
SAMUEL W BEAKF.S 
SAMUEL FOLZ 
LEON 1) CASE 
PETER DOR AN- 


FRANK II. CARROLL 

.— • -.. * 


STATE 

Governor 
L*utenaijrGoV«<hQr« 
Secretary, ol State 
•Slate Trea«\ir*r 
Auditor General 
Attorney General' 
SuperThtendem of PbbJIc 

I n»t ruction 

Commnlloner ol IhbSute 
Land Office 

(Member ofahe State Board 
of Education 

vttice ol the Suprcrub 
Court («even-vear ternrj 

Juitice of the Sopreme 
Court (fiec-year Jern* 

Jmflce of the Supreme 
Court (three-year term) 

CONGRESSIONAL 

Repmentatire in Congrear 
6th CongrcMional Diitrict 

LEGISLATIVE 

iState Senator, 

141*1 Senatorial Diitrict 

P eprercntatlvc. lit Jllt'.rict 

COUNTY 

’Judge ol Pxoljau 
Sheriff. 

C’erW 
'Treasurer. 

Register'of DeetJ», 
•Proiecutlng Attornc/ 



FRANK W. HUBBARD 
HORACE N. MONTAGUE 
ANTOJNU E. CARTIER 
CHARLES L. SMYTH 

.. W. . . ...... ... 

WALTER F. NEWBERRY 
JOHN POWER 


SAMUEL DICKIE 

CHARLES P. RUSSELL 

GF.DEON VIVJER 

DAVIT) S. WARNER 

T1ENKY-C. COLEMAN 

MYRON S. MEAD. 

............ ... v> ............, 

FRANK TAFT 

HENRY H. MOORE 

JULTAN S. WEST 

DANIEL M. CHRISTIAN 
• ••• ••••«. ■«•••• 

□ I AMES W. CASE 


j P" FRED M. WARNER 

□ 


□ 


ALEXANDER MAITLAND 
GEORGE A PRESCOTT 


FRANK-P. GLAZIER 


iCAW.ES B. BRADLEY 

JOHN F. BIRD 

/*•**•»•*... 

PATRICK H. KELLEY 




WILLIAM H. ROSE 

LUTHER L. WRIGHT 

RUSSELL C. OSTRANDER 

• ... 

CHARLES A. BLAIR 


AARON V. McALVAY 

....... t ....... • • .. 


WOODBR1DGE N. FERRIS 
111 RAM B. HUDSON 
■'JAMES B. JtAL.CU. 

EDWIN R. SMITH 
GEORGE.A. CURRY 
FRANCIS 0 GAFFNEY 
JOHN E. MEALLLY 
HENRY McCAKTY 
H. KIRK WHITE 
CLINTON-ROBERTS* 
ALLEN C. ADS1T 


-□ 


| LOUIS R. RUSSELL % 

□ 'JOHN M. DEAKINS 

□ JOHN F. HARPER 


JOHN W. WRJG1IT 
HENRY E ALLEN 

• •••a •>••• •••••*«• •«••»••••«• 

JOHN SANTRY 

HUCH R. JENKINS 

..... . 

HENRY A. RAMSEY 

OTIS M. SOUTIIWORTH 

ALBERT. L. HEATH- 

CYRUS L SHAW 




EDWARD L..CARD 

.a. 

WILLIAM G. WELSH' 

ABRAHAM N. MOHR 

JOSEPH LABARGE 

• ••• .•••?••••••••• ,, «P 

JOSEPH BOUSTEAD 

.........................^a. 

OLLIE KIRCHEN* 


| JAMES AI. SHACKLETON 

I WILLIAM C. CLEMO 

Jj CHARLES R. EVANS 

.. . * 

GEORGE H CANDEE * 

n BR ENT HARDING 
. □ Walter s. wester man 

-O FREDERICK S GOODRICH 
...O JASPI R M. SMELTZtR 

; | ALFRED LOWTIIER , 

lo . d .’...1.... it 


□f 


SAMUEL W.SMITH. 

• ••• •••••• •• 


n THOMAS A. F.. WEADOCK ;[ I j| j 

;L_J...—.* »’• 1 y ■ 1 - .|L—, 

, ' . I 

LbS A. DURAND j | JOHN R. POTTER 1 

——... ..L-J • • — ... 


CLAYTON J. LAMB 

•.. ■•«••• ... 

JOHN A- C. MENTON 

□ HENRY P. KEABLR. 

WILLIAM II. SMITH 

DEUFAY U. HOVEY 

.-...— 

IRA G. MOSHER 

WESLEY EMERY 

JOHN ). STOLL 

GEORGE PERRY 

RALPH C. KIRSCH 

| j JOHN D. M UNI- 


FRED W'. TOWNSEND 


CHARI 


P . : 


McFARLAK 


ALUERT D..COOK 


OSWALD H. REED 


|| j HORACE J. W ALKER 

. .‘ • 1 • • •— . 

DAVID M. NOTTINGHAM 1 

□ 

ALVA.M. CUMMINS 


ALFRED A. HOWELL j[ [ SENECA R. CURRY 


Ororit Court CornmW 


"I 


Cbeoner# 

JSurrejpr 


h 

HENRY M. GARDNER 

□ 

d 

WILLIAM A. STEELE 


id 

GEOKCE W. JEWETT 


□ 

WILLIAM C. NICHOLS 


‘rn 

CHRISTIAN M. KRENTEL 

□ 


louis b. mcarthur 

□ 

□ 

ORR C. TRASK 

□ 

G 

HARRY A. SILSBEE 

□ 

□ 

ALROY A. WILBUR 

□ 

□ 

FRANK N. TURNER 


D 

EDWIN MEECH 



JASON t. NICHOLS ;T"“| SIMEON C. IVES 

.... « 3 1 . 

HENRY BEHRENDT GEORGE M. TOWNSEND 


FRANK D. ROYCE., 


JOHN S. COY 

ANDREW F. MEHAN 

ARLINGTON.A. BERGMAN 

JOSEPH H. DUNNEBACKE 

FRANK M. FOGG 

...... 

CHARLES H. BRUCKER 

CHRISTOPHER BROGAN 


EDMUND CALKINS 

...c'..,:.. 


□ FLOYD GOSLIN 

□ FRANK MARSHALL 

.... 

] | JOHN VALENTINE 

□ . 

□ .- 


WILLIAM LAW R A SON 
FRANK McCLAREY 
PAUL BLACKMAN 


ERNEST PUTMAN 
WILLIAM B. TAYLOR 
BOYDEN F. HUBBARD 
LYMAN G. EBBERLEY 


□ 


FRANK D TAYLCR 

.^.. 

CARL V1CKORY 

MARY E. DEERS 

LIZZIE SHIPMAN 

M L. MERRITT 

WILLIAM LYNN 

TRACY MERRILL 


Printed 6 »- Anthorlty. 








































































































































































































































INDEX 


Abstracts, 91. 

Adoption of children, 154. 
Agricultural college, 77, 166, 202. 
Agriculture, board of, 203. 
Aldermen, 63. 

Aldermen at large, 63. 

Antrim county, 72. 

Arbor day, 216. 

Assessor, village, 58. 
city, 86. 

Assessment roll, 47. 

Assessment of taxes, 49. 
Assessment for highway tax, 39. 
Attorneys, 158. 

Attorneys, city, 65. 

Attorney general, 182. 

Auditors, board of, 82, 188. 
Auditor general, 182. 

Ballot boxes, 32. 

Ballots, official, 33, 217, 218. 
Banking, commissioner of, 185. 
Baraga county, 72. 

Barbers, examination and licens¬ 
ing, 198. 

Base line, 17. 

Bay county, 74. 

Bills, legislative, 109-112. 

Blind, school for, 205. 

Board, township, 43. 
of review, 43. 
of health, township, 44. 
state, 193. 

of agriculture, 202. 


Board, Continued — 

of accountancy, 199. 
of registration, 45. 
of inspectors of election, 45. 
of public works, city, 67. 
of supervisors—meeting, 81. 
organization, 81. 
powers and duties, 82. 
compensation, 82. 
number, 81. 

of auditors, county, 82. 
state, 193. 

of equalization, state, 50, 51. 
of county canvassers, 95. 
of state canvassers, 188. 
of railroad crossings, 188. 
of geological survey, 189. 
of fund commissioners, 189. 
of internal improvements, 

189. 

of control of St. Mary’s 
canal, 190. 

of control of state swamp 
lands, 190. 

of railroad consolidations, 

190. 

of review of assessment of 
telegraph lines, 190. 
of corrections and charities, 
192. 

of pardons, 193. 
of tax commissioners, 190. 
of tax commissioners, 193. 
of library commissioners, 
194. 


219 



220 


INDEX. 


Board, Continued — 
of pharmacy, 194. 
of fish commissioners, 175. 
of law examiners, 195. 
of examiners in dentistry, 
195- 

of registration in medicine, 
195 . 

of forestry commissioners, 

197. 

veterinary, 197. 
to regulate practice of horse 
shoeing, 197. 

to examine and license bar¬ 
bers, 198. 

of railroad and street cros¬ 
sing, 199. 

of control of railroads, 199. 
of regents, 166. 

Booths, voting, 31. 

Bond, township treasurer, 26. 
county treasurer, 73. 
state treasurer, 181. 
commissioner of highways, 
27. 

sheriff, 72. 
county clerk, 73. 
state librarian, 185. 
liquor dealer, 92. 
druggist, 93. 

Boundaries, state, 99. 

Building and loan, 181. 

Bureau of statistics of labor, 190. 
free employment, 190. 

Camps, for military instruction, 
177- 

Canvassing votes, 35. 
Canvassers, board of, county, 95. 
state, 188. 


Calendar, circuit court, 88. 

supreme court, 129. 

Capital, 98. 

Capitol, 99. 

Care of insane, 154. 

Caucuses, 214. 

Certificates, teachers, 166. 
Certiorari, 134. 

Chancery courts, 147. 

Chaplain, legislature, 114. 

state prison, 114. 

Chattel mortgages, 26. 
Challenging, 35. 

Children, adoption of, 154. 

dependent, 155. 

Census, school, 13. 
state, 213. 

Circuit court, districts, 85. 
terms, 85, 132. 
officers, 85. 
jurisdiction, 86, 133. 
judges, 133. 

City assessors, 63. 

Cities, incorporation, 62. 
wards, 62. 
officers, 63. ' 

elections, 63. 
council, 66. 

first, second, third and fourth 
class, 62. 

Civil township, 21. 

Clare county, 72. 

Clerk, village, 58. 
city, 65. 
county, 73. 
township, 26, 28. 
Commissioner of highways, 27, 
28. 

village street, 59. 

Circuit court, 75, 137, 132. 



INDEX. 


221 


Commissioner, Continued — 
school, 77. 
drain, 76. 

of state land office, 182. 
of insurance, 184. 
of railroads, 184. 
of banking, 185. 
dairy and food, 185. 
of mineral statistics, 186. 
of highways, 186. 
Commissioners, election, 34. 
state tax, 193. 
library, 194. 
forestry, 197. 
jury, 199. 

Commander-in-chief, 122. 
Committees, legislative, 118. 

political, 215. 

Commutation, 40. 

Compensation, township officers, 
28. 

township boards, 45. 
members legislature, 112. 
officers of legislature, 113. 
Collection of taxes, 51. 

Columbus day, 217. 
Congressional'township, 17. 
Constitution, first, 98. 
present, 98. 

Contested elections, 108-117. 
Constables, 27, 28. 

Conventions, 218. 

Contempt of court, 163. 

College of mines, 209. 

Coroners, 75. 

Correction lines, 20. 

Corrections and charities, board 
of, 197. 

Council* village, 59. 
city, 66. 


County, organization, 70. 
seat and building, 70. 
officers, 71. 
taxes, 49. 
road system, 41. 
seat, 70, 
hospitals, 96. 
infirmaries, 94. 
normal training classes, 163. 

Court house, 159. 

Courts of record, 133. 
of conciliation, 135. 
of chancery, 143. 
of mediation and arbitration, 
145- 

Dairy and food commissioner, 
185. 

Deaf, school for, 204. 

Delta county, 72. 

Delinquent taxes, 52. 
tax lands, 52. 

Dentistry, examiners in, 195. 

Dependent children, 155. 

Detroit house of correction, 209. 

Director, school district, 12. 

Districts, circuit court, 85. 

District, school, graded, 13. 
township, 13. 

Dog tax, 48. 

Divorces, 115. 

Drain commissioner, 76. 
county, 76. 

Eastern Michigan asylum, 208. 

Educational affairs, 161. 
funds, 163, 214. 

Elections, village, 57. 
city, 63. 

Election officials, 32. 



222 


INDEX. 


Election, Continued — 

commissioners, township, 34. 
city and village, 34. 
county, 34. 

Employment bureau, 190. 

Examiners, school, 77. 
law, 158. 

Executive session, in. 
office, 127. 
clerk, 127. 

Exemptions from taxation, 49. 

Equalization by counties, 50. 
state, 50, 51. 

Equity proceedings, 133, 148. 

Fence viewers, 40. 

Fire department, city, 66. 

Folio, 74. 

Forestry commissioners, 197. 

Fourth class cities, 62. 

Fractional school districts, 11. 

Free public libraries, 173. 

Fund commissioners, 189. 

Funds, expenditure of educa¬ 
tional, 215. 

Game and fish warden, 186. 

Genesee county, 85. 

Geological survey, board of, 189. 

Governor, term, 121. 
salary, 121. 
qualifications, 121. 
election, 121. 
duties, 122, 124. 
message, 122. 

Graded school districts, 13. 

Grand Army of the Republic, 50. 

Grand jury, 146. 

Guardians, 155. 


Habeas corpus, 130, 133. 

Health, township board of, 44. 

state board of, 193. 
Highway commissioner, 27, 28. 
tax, 48. 

Home for feeble minded and 
epileptic, 207. 

Hospitals, county, 96. 

Horse shoeing, board to regulate 
practice of, 202. 

House of correction, state, 209. 

Detroit, 209. 

How to vote, 34. 

Illuminating oils, inspector of, 
186. 

Impeachment, 124. 

Incorporation, village, 57. 
city, 62. 

Infirmary, county, 94. 

Ingham county, 85. 

Injunction, 134. 

Industrial school for boys, 206. 

home for girls, 206. 

Insane, care of, 154. 

Insane asylum, Michigan, 208. 
Eastern, 208. 

Northern, 208. 

Upper Peninsula, 208. 
for insane criminals, 208. 
Inquest, coroners, 75. 

Instructions on ballots, 33, 216, 
217. 

Interest, legal, 217. 

Internal improvements, board of 
189. 

Internal improvements, board of, 
189. 

commissioner of, 184. 
Inspectors of election, 45. 


INDEX. 


223 


Jackson county, 74. 

Jails, 91. 

Journal, legislative, 108. 

Judge of probate, 76, 137. 

Judges, restrictions on, 163. 

Judicial department, 131. 

Judicial circuits, 133, 134. 

Jurors, return and summoning, 
82. 

Jurisdiction, justice court, 141. 
circuit court, 86. 

Justices of the peace, 27, 28, 137. 

Justice court, jurisdiction, 141. 
jury, 141. 
procedure, 142. 

Jury commissioners, 199. 
circuit court, 86. 
justice court, 141. 
grand, 146. 

Juvenile court, 152. 

Kent county, 74, 85, 103, 134. 

Keweenaw county, 72. 

Labor, bureau of statistics, 184. 
commissioner of, 184. 

Lake county, 72. 

Lapeer county, 70. 

Law. examiners, 158, 195. 

Legal interest, 216. 

Legal holidays, 216. 

Legislature, opening, 102. 
officers, 107, 108. 
rules, 107. 
journal, 108. 
adjournment, 117. 
special sessions, 213. 

Lenawee county, 70. 

Librarian, state, 185. 


Libraries, school district, 172. 
township, 172. 
free public, 73. 
state, 173. 
traveling, 174. 
associate, 173. 

Libel, 139. 

Lighting, city, 66. 

Licenses, marriage, 90. 
hunting, 90. 
liquor, 92. 

Liquor licenses, 92. 

Lieutenant governor, terms, 121. 
salary, 121. 
qualifications, 121. 
election, 121. 
duties, 124, 125. 

Live stock, sanitary commission, 
196. 

Local option liquor laws, 93. 

Lottery tickets, 115. 

Luce county,* 92. 

Machinery, political, 214. 

Mackinac island state park com¬ 
mission, 198. 

Macomb county, 70, 84. 

Mandamus, 130, 133. 

Marriage licenses, 90. 

Marshal, village, 59. 
city, 65. 

Master in chancery, 133. 

Mayor, 64. 

Medicine, board of registration, 
196. 

Meetings, school district, n, 12. 
township, 22. 

Menominee county, 72. 

Message, governor’s, 126. 





224 


INDEX. 


Michigan, national guard, 177. 
naval brigade, 178. 
insane asylum, 207. 
reformatory, 207. 

Militia, 180. 

Military affairs, 176. 
exemptions, 176. 
department, 178. 

Mineral statistics, commissioner 
of, 186. 

Mines, college of, 205. 

Missaukee county, 72. 

Missing persons, 156. 

Moderator, school, 12. 

Monroe county, 70. 
Montmorency county, 72. 
Municipal courts, 149. 

Muskegon county, 74. 

Normal college, 203, 165. 

Normal school, central, 203. 
northern, 203. 
western, 203. 

Normal training classes, 163. 
Notaries public, 76. 

Northern Michigan asylum, 209. 
Noxious weeds, 40. 

Oath of office, township officers, 
2 5 - 

Official ballots, 33. 

Officers, village, 57, 58. 
city, 63. 

township,‘22, 25. 
circuit, court, 81. 
county, 71. 

Ontonagon county, 72. 
Ordinances, 59. 

Oscoda county, 72. 

Overseer of highways, 27, 29, 39. 


Pardons, 126. 

state board of, 194. 

Pharmacy, board of, 195. 

Poll tax, 39. 

Police force, 66. 
courts, 151. 

Population of state, 212. 

Political machinery, 213. 

Poor, care of, 94. 

Poor house, 94. 

Polls, opening and closing, 32. 

Pound masters, 28, 29. 

Primary school money, 14. 
fund, 172. 

Principal meridian, 17. 

Printer, state, 115. 

President, village, 58. 
of the senate, 108. 

Probate court, nature of, 134. 
jurisdiction, 134. 

Procedendo, 132. 

Prosecuting attorney, 74. 

Property exempt from taxation, 
49 - 

Public works, board of, 67. 

Qualifications of voters, school 
meeting, 12. 
general elections, 34. 

Quo warranto, 131. 

Range,- 17. 

Railroads, commissioner of, 185. 
board of crossings, 189. 
consolidations, 189. 
control of, 189. 

Recorder’s court, 149. 

Reformatory, Michigan, 209. 

Regents, board of, 162. 


INDEX. 


225 


Registration, 31. 
board of, 45. 

Register of deeds, 73. 

Removals, township officers, 25. 

• Reporter, supreme court, 135. 

Resignations, township officers, 
25 - 

Representatives, number, 103. 
districts, 103. 
qualifications, 105. 

Requisitions, 129. 

Review, board of, 43. 

Road making, 39. 

Roscommon county, 72. 

Saginaw county, 70, 74, 85, 88, 
134 . 

Salaries, state officers, 182. 
appointive state officers, 188. 

Salt, state inspector, 187. 

Sanatorium, state, 210. 

Sanilac county, 70. 

School board, duties, 12 
age, 13. 

School census, 13. 

commissioners, 77. 
examiners, 77. 

School district, organization, II. 
meetings, 11. 
boundaries, 11. 
fractional, n. 
library, 176. 

School tax, 47. 

for the deaf, 204. 
for the blind, 205. 

Seat of government, 98. 

Sections, 19. 

Schoolcraft county, 72. 

Secretary of state, 180. 


Senators, number, 103. 
districts, 103. 
qualifications for, 105. 
privileges, 107. 

Sheriff, 72-75. 

Shiawassee county, 70. 

Soldiers’ home, 206. 

relief commission, 95. 

Special session, legislature, 112, 

125, 217. 

St. Clair county, 74, 85, 88, 134. 
State tax, 49. 
printer, 113. 
library, 173. 
librarian, 186. 
treasurer, 181. 

inspector illuminating oils, 

187. 

salt inspector, 187. 
board of education, 161-165. 
normal college, 165. 
agricultural college, 166. 
public school, 205. 
prison, 208. 

house of correction, 209. 
sanatorium, 210. 
flower, 215. 

Standard time, 215. 

Street commissioners, village, 59. 
city, 65. 

Supervisors, 26, 28. 
board of, 81. 

Superintendents of poor, 76. 
Superior court, 150. 

Supreme court, 129, 130, 131. 
terms, 130. 
officers, 130. 
rules, 130. 
reporter, 132. 



226 


INDEX. 


Superintendent of public instruc¬ 
tion, 161. 

Surveyor, city, 66. 
county, 74. 

Swamp lands, control of, 191. 

Taxes, school, 47. 
dog, 48. 
highway, 48. 
township, 48. 
county, 49. 
state, 49. 

Tax commission, 198. 

Teachers, 162. 
wages, 216. 

Telegraph and telephone lines, 
assessment, 192. 

Territorial government, 98. 
Township, congressional, 17. 
civil, 21. 
organization, 21. 
powers, duties, liabilities, 22. 
meetings, 22. 

officers, names and term, 22- 
25- 

library, 172. 
board, 43. 
tax, 48. 

Treasurer, school district, 13. 
township, 26, 28. 
village, 58. 
city, 65. 
county, 73. 


Treasurer, Continued — 
state, 185. 

Treason, 126, 140. 

Traveling libraries, 174. 

Truant officer, township, 27. 

Trustee, school, 13. 
village, 59. 

University of Michigan, 202. 
funds, 163. 

Upper Peninsula hospital for in¬ 
sane, 208. 

Veterinary board, 197. 

Village, incorporation, 57. 
elections, 57. 
officers, 57-58. 
council, 59. 

Vital statistics, 73, 181. 

Voters at school meetings, 13. 

Voting, places, 31. 
machines, 36. 

Wards, city, 62-63. 

Washtenaw county, 70. 

Water works, 59, 66. 

Wayne county, 28, 34, 70, 72, 74, 
75, 81, 84, 95, 103. 

Weights and measures, state 
sealer, 181. 

Wills, 154. 

Writs of election, 128. 
























































































































































































































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